Madras High CourtCRL OP(MD)/5863/2024dismissed

S.Ashok Kumar v. The Inspector Of Police

2024-06-14Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.02.2025 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD).No.5863 of 2024 S.Ashok Kumar ... Petitioner

Versus

1. The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli City.

2. The Director General of Police[HOPF], Chennai.

3. The Superintendent of Police, Southern Range, Directorate of Vigilance and Anti-Corruption, Chennai.

(R2 and R3 are suo motu impleaded as per the order of this Court dated 14.06.2024) ... Respondents For Petitioner : Mr.A.Senthilkumar, Advocate For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. 1/4

PRAYER :- For Anticipatory Bail in Crime No.51 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.51 of 2024, for the offence under Sections 8 and 12 of the Prevention of Corruption Act, has filed this petition seeking anticipatory bail.

2. This Court, by its earlier order dated 14.06.2024, suo motu impleaded the Superintendent of Police, Southern Region, Directorate of Vigilance and AntiCorruption, Chennai, as a party to this petition and directed to Superintendent of Police to form a special team to investigate the matter and file a report. This Court also issued further direction that in the event, if any final report is already filed in Crime No.51 of 2024, the same has to be returned by the concerned Special Judge, enabling the new investigation agency to conduct the investigation afresh.

3. The learned Additional Public prosecutor submits that the entire CD files have been entrusted with the Vigilance and Anti-Corruption Department and they are now conducting the investigation.

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4. It appears that challenging the order of this Court dated 14.06.2024, the petitioner moved an appeal before the Hon'ble Supreme Court.

5. The learned counsel on either side have produced the order of the Hon'ble Supreme Court passed in Special Leave Petition (Criminal) Diary No.47557 of 2024 dated 23.10.2024 and submits that the Hon'ble Supreme Court has entertained the appeal filed by the petitioner and also granted an order of interim stay. However, the Hon'ble Supreme Court has permitted the investigation to proceed. The petitioner was also directed to co-operate with the investigation.

6. Since the Hon'ble Supreme Court has seized off this matter, this Criminal Original Petition is closed with a direction to the investigating agency to proceed with the investigation as per the order of the Hon'ble Supreme Court. Sd/- 24/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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ogy TO 1 THE JUDGE, SPECIAL COURT FOR TRIAL OF CASES UNDER THE PREVENTION OF CORRUPTION ACT, TIRUNELVELI.

2 THE ASSISTANT COMMISSIONER OF POLICE, TOWN RANGE, TIRUNELVELI CITY.

3 THE DIREC TOR GENERAL OF POLICE (HOPF), CHENNAI.

4 THE SUPERINTENDENT OF POICE, SOUTHERN RANGE, DIRECTORATE OF VIGILANCE AND ANTI CORRUPTION, CHENNAI.

5 THE INSPECTOR OF POLICE TIRUNELVELI JUNCTION POLICE STATION, TIRUNELVELI CITY.

6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.5863 of 2024 Date :24/02/2025 ES/VR/SAR/14.03.2025/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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