P.Perumal @ Ravi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.15569 of 2013 1 P.PERUMAL @ RAVI 2 N.GNANASEKARAN 3 M.PANCHAVARNAM ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP BY THE INSPECTOR OF POLICE THIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT, CRIME NO NOT KNOWN OF 2013. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. F.DEEPAK Advocate For Respondent : MR.P.KANNITHEVAN Govt. Advocate ( Crl. Side) For Intervener : MR.M.CHELLAPANDIAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.not known, on the file of the respondent police for the offence under Sections 406 and 420 IPC, the petitioners are now before this Court seeking Anticipatory Bail.
2. On 02.02.2015, this Court passed the following order:- "It is the case of the prosecution that these petitioners had promised the defacto complainant that they will get him a job in the Forest Department as a Forest Rang Officer and taken Rs.2,00,000/- from him. Out of Rs.2,00,000/- in the mediation, they have returned Rs.1,00,000/-. The balance, they have to pay is Rs.1,00,000/-. Hence, post this matter on 16.02.2015 under the caption 'for payment of Rs.1 lakh, failing which, anticipatory bail will be dismissed. Post 'for orders' on 16.02.2015"
3. Today, the learned counsel for the petitioner has filed an affidavit sworn by first petitioner that they have given a Demand Draft for Rs.1,00,000/- drawn in favour of the defacto complainant. The said Demand Draft has been handed over to the learned counsel for the defacto complainant.
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4. In such circumstances, I am inclined to grant anticipatory bail to the petitioners, but with conditions.
5. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate, Thirumangalam on executing a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, (a) The petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners shall not abscond either during investigation or trial.
[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
6. The petitioners 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 petitioner for anticipatory bail stands dismissed.
sd/- 16/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE THIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT, 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S. F.DEEPAK Advocate SR.No.7368 ORDER IN CRL OP(MD) No.15569 of 2013 Date :16/02/2015 NA/19/02/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/