Madras High CourtCRL OP(MD)/7264/2017disposed of

S.Raja v. The Superintendnet Of Police

2017-06-15Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.7264 of 2017 S.RAJA ... PETITIONER / ACCUSED Vs 1 THE SUPERINTENDNET OF POLICE NAGERCOIL, KANYAKUMARI DISTRICT 2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DISTRICT (CRIME NO. NOT KNOWN OF 2016) ... RESPONDENTS / COMPLAINANTS For Petitioner : Mr. S.SURESH Advocate For Respondent : Mr.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused in Crime No.Not Known of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 406 of I.P.C and hence, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent/State.

3. The learned counsel for the petitioner would submit that on the complaint given by the de-facto complainant, petition enquiry was conducted and the same was closed on 16.04.2016. He would further submit that departmental enquiry has been initiated against the petitioner and he was suspended from service. Challenging the order of suspension, the petitioner has filed a Writ Petition in W.P.(MD).No.22598 of 2016 and this Court, by an order dated 16.03.2017, directed the General Manager and Regional Manager of the Bank to pay monthly full salary, allowances along with arrears from 03.02.2016 onwards. Aggrieved by the said order, the Bank authorities have filed a petition to vacate the said order. Now, the second complaint has been given against the petitioner for the same set of facts.

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4. 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, Nagercoil 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. The petitioner shall comply with the condition 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 stands dismissed.

sd/- 15/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I NAGERCOIL, KANYAKUMARI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DISTRICT 4 THE SUPERINTENDNET OF POLICE NAGERCOIL, KANYAKUMARI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr. S.KARTHIK Advocate SR.No.60464 JAM/22.06.17/KK/SAR 2/ 2P-7C

ORDER

IN CRL OP(MD) No.7264 of 2017 Date :15/06/2017 https://hcservices.ecourts.gov.in/hcservices/