1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Second day of November Two Thousand Eleven PRESENT The Hon`ble Mr. Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15134 of 2011 D. KARUNAKARAN ... PETITIONER / ACCUSED A3 Vs THE STATE REP. BY THE INSPECTOR OF POLICE VIGILANCE AND ANTI-CORRUPTION WING, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT, CRIME NO.10/2009 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.HAMEED ISMAIL Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl. Public Prosecutor (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused No.3, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 7, 13(1) (a), 13 (1)(d) read with 13(2) of Prevention of Corruption Act, 1988, in Crime No.10 of 2009, on the file of the respondent Police has filed this petition under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail. 2. Heard Mr.S.Hameed Ismail, learned counsel appearing for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor, appearing for the State. 3. According to the learned Counsel appearing for the petitioner, the petitioner is working as Orthopaedic Technician in the District Rehabilitation Centre, Virudhunagar District and he has falsely implicated in this case and a sum of Rs.58,000/- has been seized on various denominations from the office through A1. 4. He would further submit that the petitioner has no overt act and he is standing in parlance with the other accused viz., A4, who was granted anticipatory bail by this Court on an earlier occasion in Crl.O.P.(MD)No.12647 of 2011 on 27.09.2011. Therefore, he would request the Court that the petitioner will not abscond and he is having permenant residence and he is always available for interrogation, if any and prayed for granting anticipatory bail to the petitioner. 5. The learned Additional Public Prosecutor would submit in his argument that the petitioner is also participating in the said offence, by presenting himself, while counting of the said money was done by A1 https://hcservices.ecourts.gov.in/hcservices/ 2 and A2. He would further submit that the petitioner has also involved in the said offence and therefore, if for any reasons, this Court granted anticipatory bail to the petitioner, suitable conditions may be passed. 6. Considering the submissions made by both sides, I could see that the co-accused A4 was granted anticipatory bail by this Court on 27.09.2011 in Crl.O.P.(MD)No.12647 of 2011. The main accusation is only against A1 and A2. The petitioner/A3 as well as A4 are said to have stood on the side of the main accused A1 and A2 and in the said circumstances, I find that the petitioner is also entitled for anticipatory bail as that of the 4th accused, at the same line. 7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur 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 appear before the respondent Police daily at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously. 8. 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/- 22/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 2. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 3. THE INSPECTOR OF POLICE VIGILANCE AND ANTI-CORRUPTION WING, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT. +1. CC to M/S. S.HAMEED ISMAIL Advocate SR. No.40949 ORDER IN CRL OP(MD) No.15134 of 2011 Date :22/11/2011 RJ/25.11.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/