S. Kartheeswaran, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15310 of 2018 S. KARTHEESWARAN ... PETITIONER/ SOLE ACCUSED Vs THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION WING, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

Crime No.6 of 2013 ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.D.SASI KUMAR Advocate For Respondent : Mr.V.NEELAKANDAN Additional Publlic Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 409, 420, 465, 466, 468 and 471 of IPC, and under Section 13(1)(c) and (d) r/w 13

(2) of Prevention of Corruption Act, 1988, in Crime No.6 of 2013, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner had misused his official power, during his tenure as Building Section Clerk in A-2seat and received applications with fees for Building plan approval/Building license form 20 persons without the knowledge of the Town Planning Inspector and Commissioner of Keelakarai Grade II Municipality and without making any entries in relevant records. Further, he issued plan Approval/Building License with the existing building license Numbers with false signature of the Commissioner of Municipality on his own for the period from 2009 to 2011. The fees amount received by him for granting building plan approval/ Building license was not remitted in Keelakarai Municipal Treasury. Therefore, the accused swindled the license fees of the persons and caused huge loss to the Government by way of giving bogus Building plan Approval/Building License. Hence the complaint.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. https://hcservices.ecourts.gov.in/hcservices/

4.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Chief Judicial Magistrate cum Special Judge, Ramanathapuram and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30.am., for a period of two weeks, thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 5.The petitioner 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/- 29/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE CHIEF JUDICIAL MAGISTRATE CUM SPECIAL JUDGE, RAMANATHAPURAM.

2.THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION WING, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

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

+1. CC to Mr.D.SASI KUMAR Advocate SR.No.16442

ORDER

IN CRL OP(MD) No.15310 of 2018 Date :29/08/2018 TK/VR/SAR.1/03.09.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/