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Madras High CourtCRL OP(MD)/17366/2018ordered

Kabilan, v. The State Rep. By,

2018-10-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.17366 of 2018 KABILAN ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP. BY, THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TIRUNELVELI.

(CRIME NO.13 OF 2016) ... RESPONDENT/ RESPONDENT For Petitioner : Mr.R.KARTHIC RAJAN, Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU, Govt. Advocate ( Crl. Side) 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 420, 406, 465, 471, 468, 473, 120(B) I.P.C, in Crime No.13 of 2016, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused persons availed loan from the bank by depositing the bogus documents and caused loss to the Bank. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. Earlier, the petitioner got anticipatory bail in Crl.O.P(MD) No.2245 of 2017. Due to illness, the petitioner could not able to comply the said order. Thereafter, he filed an extension of time petition in Crl.M.P(MD)No.6707 of 2018 and the same was dismissed on 28.08.2018.

4.The learned Additional Public Prosecutor for the respondent would submit that the petitioner's earlier anticipatory bail petition was allowed on 19.04.2017. Thereafter, he has not complied with the said order. After a lapse of one year, he has filed the extension of time petition in Crl.M.P(MD)No.6707 of 2018 and the same was dismissed on 28.08.2018.

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5.Considering the facts and circumstances of the case, 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 Judicial Magistrate No.I, Tirunelveli District 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. 6.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/- 26/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TIRUNELVELI.

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

+1. CC to Mr. R. KARTHIC RAJAN Advocate SR.No.20350

ORDER

IN CRL OP(MD) No.17366 of 2018 Date :26/10/2018 MS/PN/SAR-4/31.10.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/