1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Wednesday, the First day of June Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD)No.6371 of 2011 VIJAYAGOPAL :PETITIONER / ACCUSED NO.6 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THENI DISTRICT. CR.NO.32 OF 2011. :RESPONDENT / COMPLAINANT For Petitioner : M/S. S.M.A.JINNAH, Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate (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 468, 471 and 489 I.P.C. in Crime No.32 of 2011 on the file of the respondent police, the petitioner has approached this Court for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. This Court heard the submissions made by the learned counsel for the petitioner and the learned Government Advocate (Crl.side). 3.According to the submission made by the learned counsel for the petitioner, the petitioner is a practicing advocate and he has appeared on behalf of the accused in a case, where his clients were granted bail and accordingly the sureties were produced by the relatives of the accused and in the course of perusal, the learned Judicial Magistrate has found that the ration cards have been tampered and accordingly he has referred the matter to the police after rejecting the surety papers. But, however the respondent police has included the counsel, who appeared on behalf of the said accused during the course of his professional duty. 4.He would further submit that the petitioner has no intention to cheat or defraud the Court by producing any fabricated document and it is the parties who have produced, have done so without knowledge of the petitioner. He would also submit that the petitioner is doing his profession in the Courts at Theni District and he has got permanent address and roots and he will not abscond from the clutches of law and therefore, he may be granted Anticipatory Bail. https://hcservices.ecourts.gov.in/hcservices/ 2 5.The learned Government Advocate (Crl.side)would submit that the fabrication done on the documents produced before the Court is a serious one and the clients who had produced the said documents are not only to cheat the Court, but also the procedure to be adopted in the Court of law. However, she would further submit that if for any reason this Court sees any prima facie case in favour of the petitioner, suitable conditions may be imposed against the petitioner. 6.Considering the submissions made by both sides, this Court could see that the petitioner is the counsel who is appearing for the accused for submitting surety papers. Normally it is the duty of the counsel to verify but it has been stated that he has no knowledge about the tampering of documents. The investigation is pending, the petitioner is doing legal profession in Theni District and he has got permanent root in the society and therefore, this Court sees prima facie for the grant of anticipatory bail to the petitioner with certain conditions. Accordingly, 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.I, Madurai 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 Judicial Magistrate No.I, Madurai and on further condition that the petitioner shall report before the respondent police as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioner shall appear before the Magistrate concerned 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/- 01/06/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Judicial Magistrate No:I, Madurai. 2.-Do- Thro' The Chief Judicial Magistrate, Madurai. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police, District Crime Branch, Theni District. +1. CC to M/S. S.M.A.JINNAH Advocate SR.No.17155. RP/02.06.2011/2P/6C. ORDER IN CRL OP(MD) No.6371 of 2011 https://hcservices.ecourts.gov.in/hcservices/