BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16490 and 16495 of 2011 A.JEYAVEERAN ... PETITIONER / ACCUSED NO.1 IN CRL OP.No.16490/2011 J.GUNASUNDARI ... PETITIONER / ACCUSED NO.1 IN CRL OP.No.16495/2011 Vs STATE THROUGH INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTIONS, VIRUDHUNAGAR IN CR.NO. 2 OF 2007 ... RESPONDENT / COMPLAINANT IN BOTH THE PETITIONS For Petitioner in both the petitions : M/S. P.NATARAJAN Advocate For Respondent in both the petitions : M/S.K.S.DURAIPANDIAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. The petitioners apprehend arrest at the hands of the respondent police for the alleged offences under Sections 13(1)(e) r/w 13(2) of P.C. Act and 109 of I.P.C. in Crime No.2 of 2007 on the file of the respondent police and hence, seek anticipatory bail. 2. Heard Mr.P.Natarajan, learned counsel for the petitioners and Mr.K.S.Duraipandian, learned Additional Government Pleader appearing for the respondent State. 3. The learned counsel for the petitioners would submit in his argument that the petitioners are ranked as A1 and A2 and they are the husband and wife. He would further submit in his argument that the petitioner, in Crl.O.P.(MD)No.16490 of 2011, was working as the District Registrar Administration at Virduhunagar. But he was suspended from his service, on the basis of a case filed against him in Crime No.2 of 2007 and he was not disturbed all these years and on the basis of certain collections of evidence at the house of the petitioners, the case has been further progressed. He would further submit that the petitioners are innocent persons and they are ready to abide any condition likely to be imposed against them and they are always ready to co-operate with the investigation and to file the charge sheet. He would also submit that they have got permanent residence and therefore, they will not abscond from the clutches of law. 4. The learned Additional Public Prosecutor would submit in his argument that the investigation is pending and the charge sheet is likely to be filed soon. He would also submit that if for any reason, the petitioners are granted bail, suitable conditions may be imposed for the secured persons. https://hcservices.ecourts.gov.in/hcservices/ 5. Considering the submissions made by both sides, I could see that the case has been registered against the petitioners in the year 2007 in Crime No.2 of 2007 and at the time, the petitioner in Crl.O.P.(MD)No.16490 of 2011, was also working as a Government Servant. His Superannuation was on 31.07.2011, but he was not permitted to retire from service and he was suspended from service and disciplinary proceedings was launched and it is pending. In the mean time, the allegation against the petitioner, in Crl.O.P.(MD) No.16490 of 2011, that he has acquired some properties in the name of his wife/A2, petitioner in Crl.O.P.(MD)No.16495 of 2011, who was the Panchayat Board President for two times earlier. All these matters have to be investigated and if prima facie case made out charge sheet has to be filed. However, the petitioners have got permanent residence and therefore, if suitable conditions have been imposed their presence have been secured. 6. Considering the aforesaid facts and circumstances of this case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Chief Judicial Magistrate, Srivilliputhur and 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 learned Magistrate concerned and on further condition that they should not leave away from the petition mentioned address, without information to the respondent police and they shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 8. 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 petition for anticipatory bail stands dismissed. sd/- 16/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 3 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTIONS, VIRUDHUNAGAR +2. CC to M/S. P.NATARAJAN Advocate SR.Nos.44125 and 44126 ORDER IN CRL OP(MD)No.16490 & 16495 of 2011 Date :16/12/2011 SMA/20.12.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/