S. Athigaman, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22482 of 2018 S. ATHIGAMAN ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION WING, VIRUDHUNAGAR DISTRICT.

(CRIME.NO.8 OF 2013) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.G.DHANALAKSHMI Advocate For Respondent : Mr.S.CHANDRASEKAR,Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 34, 409, 420, 468, 471, 477(A), 34 of IPC, r/w 13(2), 13(1)(c) and (d) of Prevention of Corruption Act, 1988 in Cr.No.8 of 2013 seeks anticipatory bail.

2.The petitioner who was originally arrayed as A2 in Crime No.8/2013, was granted anticipatory bail for the offences under Sections 409, 420, 468, 471, 477(A), 34 of IPC, r/w 13(2), 13(1)(c) and (d) of Prevention of Corruption Act, 1988, by order dated 18.08.2015 in Crl.O.P.(MD).No.15554 of 2015. This Court had given 15 days time to execute the sureties and comply the conditions and failing which the anticipatory bail granted will stands dismissed. The petitioner had not complied with the conditions then. Hence, the anticipatory bail granted on 18.08.2015 stood cancelled. Thereafter, the petitioner had moved another anticipatory bail petition before this Court in Crl.O.P.(MD).No.2833 of 2016. This Court by order, dated 25.02.

2016 had granted anticipatory bail to the petitioner again, wherein the petitioner was directed to execute a bond for Rs.10,000/- with two sureties with other conditions. The petitioner has now approached this Court for anticipatory bail stating that he was directed by the trial Court to obtain fresh anticipatory bail, since the petitioner was granted anticipatory https://hcservices.ecourts.gov.

bail at the stage of investigation and now the charge sheet has been filed and taken on file in Special C.C.No.5 of 2018. 3.It is seen from the records that the earlier anticipatory bail order is in still force. Considering the same this Court directs the trial Court to permit the petitioner to execute the sureties as directed by this Court in Crl.O.P.(MD).No.2833 of 2016, dated 25.02.2016 and the petitioner is directed to comply the conditions imposed therein.

sd/- 02/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, SPECIAL COURT FOR PREVENTION OF CORRUPTION ACT CASES, MADURAI. 2 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION WING, VIRUDHUNAGAR DISTRICT.

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

+1. CC to Mrs.G.DHANALAKSHMI Advocate SR.No.40 PS/JC/SAR-4/08.01.2019/2P/5C

ORDER

IN CRL OP(MD) No.22482 of 2018 Date :02/01/2019 https://hcservices.ecourts.gov.in/hcservices/