1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9955 of 2011 NARASINGAM .. PETITIONER/ACCUSED No.2 Vs THE STATE REP.BY STATE BY INSPECTOR OF POLICE, ANNANAGAR POLICE STATION IN CRIME NO. 1515/2011 .. RESPONDENT/COMPLAINANT For Petitioner : M/S. M.MOHAMED RAFI Advocate For Respondent : MR.A.RAMAR, Addl.Public Prosecutor ( Crl. Side) 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 for the alleged offences punishable under Sections 416, 464 A, 467, 465 and 420 I.P.C., in Crime No.1515 of 2011 on the file of the respondent police, the petitioner/accused has come forward with the present petition for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The learned counsel for the petitioner would submit that the petitioner is arrayed as A1 and he is an innocent and he has been falsely implicated in this case. He would further submit that the petitioner is an uneducated and he is working as a sanitary worker. He would further submit that the case of the prosecution that the petitioner along with A2, fabricated some allotment order as if, the same were issued by the Slum Clearance Board and handed over the keys and they received Rs.5,600/- each from nearly 16 persons and they misappropriated the amount. He would further submit that A2 ahas already been enlarged on bail by the depositing a sum of Rs.10,000/-before the learned Judicial Magistrate No.VI, Madurai and the petitioner herein has not committed any offence and since they apprehends the arrest, he has come forward with the application for anticipatory bail. 3. The learned Additional Public Prosecutor would submit that the petitioner herein is arrayed as A1 and he collected Rs.5,600/- each from 16 persons and handed over the same to A2 and misappropriated the amount fabricating the allotment order and handed over the fake keys to 16 persons and hence, the case has been registered and the investigation is going on and hence, he prayed for the dismissal of the application. He would fairly concede that A2 was arrested and enlarged on bail on depositing a sum of Rs.10,000/- before the learned Judicial Magistrate No.VI, Madurai. 4. Considering the rival submissions made on either side and considering the fact that the alleged occurrence has been taken place on 15.07.2011 and the case has also been registered on the same day and the petitioner, being an uneducated sanitary worker, has collected amount https://hcservices.ecourts.gov.in/hcservices/ 2 through A2 and A2 has already been enlarged on bail by depositing a sum of Rs.10,000/-, I am inclined to grant anticipatory bail to the petitioner/A1 with certain conditions. 5. Accordingly, (i) The Petitioner herein shall deposit a sum of Rs. 50,000/- (Rupees Fifty Thousand only) to the credit of Crime No. 1515 of 2011 before the leaned Judicial Magistrate No. VI, Madurai. (ii) On such deposit the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.VI, Madurai, and on 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 report before the Court concerned daily at 10.30 am., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously. 6. 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/- 29/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE ANNANAGAR POLICE STATION, MADURAI. 4 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. M.MOHAMED RAFI Advocate SR.No.29491 ORDER IN CRL OP(MD) No.9955 of 2011 Date :29/08/2011 PA/30.08.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/