The Madurai Bench granted anticipatory bail to the sole accused under Section 438 Cr.P.C. for alleged offences of corruption, subject to deposit of money and appearance conditions.
Petitioner released on bail with bond of Rs. 10,000 and two sureties, required to deposit Rs. 50,000 and appear daily at police station.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of April Two Thousand Fifteen PRESENT
The Hon`ble Mr.Justice K.KALYANASUNDARAM
CRL OP(MD) No.4650 of 2015
S. MUTHUKUMAR ... PETITIONER/SOLE ACCUSED
Vs
STATE REP.BY
THE INSPECTOR OF POLICE ARANTHANGI POLICE STATION, PUDUKKOTTAI DISTRICT. (CRIME NO.48/2015) ... RESPONDENT/COMPLAINANT
For Petitioner : M/S.T.LAJAPATHI ROY Advocate
For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :-
The petitioner, who is arrayed as sole accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 409 and 420 of IPC, in Crime No.48 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner had illegally sold the Teak Wood Tables, Chairs, Pigeon Hold Sorting Rack and created false records in the office relating to furniture stock.
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. He further submitted that the petitioner has given several complaints about the illegal activities of the de-facto complainant to the superior authorities and enraged by the same, this case has been foisted against the petitioner and subsequent to the complaint, the petitioner was placed under suspension and that was challenged in W.P(MD)No.1431 of 2015 and interim stay was also granted by this court on 04.03.2015.
https://hcservices.ecourts.gov.in/hcservices/ 4.Heard the learned Government Advocate (Criminal side) appearing for the respondent and he has submitted that the investigation is almost
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over.
5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Aranthangi, Pudukottai District 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 deposit a
sum of Rs.50,000/- [Rupees Fifty thousand only] to the credit of the
Crime No.48 of 2015 and the petitioner shall appear before the respondent police daily at 06.00 p.m. until further orders. 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/-
22/04/2015
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE JUDICIAL MAGISTRATE, ARANTHANGI,PUDUKKOTTAI DISTRICT.
ORDER IN
https://hcservices.ecourts.gov.in/hcservices/ CRL OP(MD) No.4650 of 2015 Date :22/04/2015
PA/23.04.2015/2P/6C
1 issue framed by the court
Whether anticipatory bail should be granted to the accused apprehending arrest.
1 provisions across 1 enactments
S. MUTHUKUMAR
STATE
K. KALYANASUNDARAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
