Abudhahir v. The Inspector Of Police

CRL OP(MD). No.11064 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.11064 of 2019 Abudhahir, ... Petitioner/A-3 Vs State rep.by The Inspector of Police, Cumbum North Police Station, Theni District.

Crime No. 683 of 2016.

... Respondent/Complainant For Petitioner : Mr.Ak.Manickam, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No. 683 of 2016 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner is figuring as A3 in Crime No.683 of 2019, registered on the file of the respondent for the offences under Sections 417 and 420 of I.P.C. Apprehending arrest at the hands of the respondent, the petitioner filed this criminal original petition for anticipatory bail.

2.It is seen that the defacto complainant has passed on the money only to A1. The petitioner herein is only working as an Office Assistant in the school in question. The role attributed to the petitioner herein is rather insignificant and inconsequential. He is after all a school servant. The money was admittedly not paid to the petitioner herein. It is not the case of the defacto https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.11064 of 2019 complainant that they were swayed by any assurance given by this petitioner. Hence I am of the view that the petitioner can be granted anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Uthamapalayam, 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 as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 3.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/- 04/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2 DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE, CUMBUM NORTH POLICE STATION, THENI DISTRICT.

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

+1 CC to M/s.A.K.MANICKAM, Advocate ( SR-14719[I] dated 04/09/2019 )

ORDER

IN CRL OP(MD) No.11064 of 2019 Date :04/09/2019 IAS AE/MMS/SAR-II (10.09.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2