Shahul Hameed A v. The Deputy Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12886 of 2023 Shahul Hameed A, ... Petitioner/Sole Accused Vs State rep. by The Deputy Superintendent Of Police, Vigilance and Anti Corruption Department, Thoothukudi District.

(Crime No. 1/2021). ... Respondent/Complainant For Petitioner : M/s.Mohideen Basha, Advocate.

For Respondent : Mr.R. Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1 of 2021 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who is apprehending arrest at the hands of the respondent 1/4

police for the offences punishable under section 7(a) of Prevention of Corruption Act, 1988 and Section 465 of IPC, in Crime No.1 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has forged the documents by creating ante-dated bills. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that after conducting the full enquiry, the FIR has been registered against the petitioner. He further submitted that the investigation is almost over and also submitted that the petitioner has also filed a Criminal Original Petition before this Court for quashing the FIR and the same was also dismissed, since the respondent police submitted that the investigation is almost over.

5. A perusal of CD file shows that during the course of investigation, no steps was taken by the respondent police to arrest the petitioner. (*)6. Considering the facts and the circumstances of this case and also of the fact most of the investigation might have been over and only the official formalities is kept pending, this Court is inclined to grant anticipatory bail to the petitioner, however, with stringent conditions.

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7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Chief Judicial Cum Special Court for Vigilance and Anti Corruption Cases, Thoothukudi, 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 the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

8. The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 01/08/2023 (*)For Being Mentioned as per Order of this Hon'ble Court dt.26/09/2023 in Crl.OP(MD).

12886/2023.

/ TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

tta TO TO BE SUBSTITUTED WITH THE ORDER DT.01/08/2023 ALREADY DESPATCHED 1 THE CHIEF JUDICIAL CUM SPECIAL COURT FOR VIGILANCE AND ANTI CORRUPTION CASES, THOOTHUKUDI, 3/4

2 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION DEPARTMENT, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12886 of 2023 Date :01/08/2023 SSA/JGB/08.09.2023/4P/4C TTA SA/DD/11/10/2023/4C/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4