K. Latchimanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of December Two Thousand Thirteen PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN CRL OP(MD) No.22983 of 2013 K. LATCHIMANAN ..PETITIONER/ACCUSED NO.1 Vs.

STATE REP BY THE INSPECTOR OF POLICE KADAYAM POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.474/2013 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.R.ANAND Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- There are totally three accused and the petitioner apprehending arrest at the hands of the respondent police for the alleged commission of offences punishable under Sections 201, 218, 466 and 471 I.P.C, said to have committed on 25.04.2012, in Crime No.474 of 2013, on the file of the respondent, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner while working as Special Sub-Inspector of Police has registered the complaint given by the defacto complainant with regard to commission of non-cognizable offences though the allegations are in respect of commission of cognizable offence.

3. The learned counsel for the petitioner would submit that the petitioner has now retired from service and though the alleged occurrence is said to have taken place during the year 2012, the complaint was given nearly after 1 1/2 years and he has nothing to do with the alleged commission of offences.

4. The learned Government Advocate (Criminal side) would submit that the accused is yet to be apprehended and the investigation is pending.

5. Heard the learned counsel appearing for the petitioner and the Government Advocate (Crl. Side) appearing for the respondent and also perused the materials available on record.

6. Considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on 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, Ambasamudram and on his executing a personal 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 11.00 a.m. for a period of two weeks and thereafter as and when required for the https://hcservices.ecourts.gov.in/hcservices/

purpose of interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7. 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/- 20/12/2013 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, AMBASAMUDRAM, TIRUNEVLEI DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, KADAYAM POLICE STATION, TIRUNELVELI DISTRICT. +1. CC to M/S.R.ANAND Advocate SR.No.64012 ORDER IN CRL OP(MD) No.22983 of 2013 Date :20/12/2013 PBK 27/12/2013 2P/6C https://hcservices.ecourts.gov.in/hcservices/