S. Parthiban v. The Inspector Of Police
CRL OP(MD). No.11647 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.11647 of 2019 S.Parthiban ... Petitioner/Sole Accused Vs The State Rep.by The Inspector of Police, Vigilance & Anti Corruption Police Station, Ramanathapuram District (Crime No.5 of 2019). ... Respondent/Complainant For Petitioner : M/s.N.Dilip Kumar, 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.5 of 2019 on the file of the respondent.
ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under section 102 of Cr.P.C., r/w Section 7 of Prevention of Corruption (Amendment Act), 2018, in Crime No.5 of 2019, on the file of the respondent police, seeks anticipatory bail.
2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.
3.The petitioner is working as District Siddha Medical Officer at Ramanthapuram. When he was conducting review meeting on 04.01.2019, a surprise vigilance check was conducted and certain valuable articles, i.e., gold coin, silver tumbler etc., were found on the table of the petitioner herein, which led to the registration of Crime No.5 of 2019, on the file of the respondent police. The petitioner is due for retirement this month end. Hence, I am of the view that arrest of the petitioner is not going to serve any purpose, since the articles have been seized and statements of the subordinate officials have also been recorded. https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.11647 of 2019 4.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Chief Judicial Magistrate/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 a.m. for a period of seven days and 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/- 06/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE CHIEF JUDICIAL MAGISTRATE/SPECIAL JUDGE, RAMANATHAPURAM 2 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION POLICE STATION, RAMANATHAPURAM DISTRICT
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-15048[I] dated 06/09/2019 ) ORDER IN CRL OP(MD) No.11647 of 2019 Date :06/09/2019 sji ES/PN/SAR 3/10.09.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2