Ashok Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11652 of 2018 1 ASHOK KUMAR 2 VALAMBAL ... PETITIONERS / ACCUSED 2& 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE K.K.NAGAR POLICE STATION, TRICHY CITY CRIME NO.272/2015 ... RESPONDENT / COMPLAINANT For Petitioners : MR.N.KARTHIK KANNA Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 420 and 506(ii) of I.P.C in Crime No.272 of 2015, seek anticipatory bail. 2.

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent. 3.The petitioner had earlier granted anticipatory bail by this Court. But when furnishing the sureties, it appears that bogus sureties came to be produced. Therefore, the same led to registration of another case and also cancellation of the order earlier granted. Hence, the petitioners are constrained to file the present petition. Therefore, this Court is of the view that the custodial interrogation is not warranted. The learned counsel for the petitioners would submit that this petition is not maintainable notwithstanding the cancellation of the earlier order granted by this Court. The second petitioner is a senior citizen and being a retired IRS officer.

The petitioners shall produce the genuine sureties at least in this time.

4.With the above direction, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in https://hcservices.ecourts.gov.in/hcservices/

the event of arrest or on their appearance before the learned Judicial Magistrate, Manapparai, Trichy District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 5.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 11/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE MANAPPARAI, TRICHY DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, K.K.NAGAR POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S.N.KARTHIK KANNA Advocate SR.No.12855 TM GJM/JC/GSR/18.7.18-2P-6C

ORDER

IN CRL OP(MD) No.11652 of 2018 Date :11/07/2018 https://hcservices.ecourts.gov.in/hcservices/