BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.RAJESWARAN CRL OP(MD) No.17293 of 2011 KENNEDY : PETITIONER/ACCUSED NO.3 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TUTICORIN DISTRICT. CR.NO.24/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. A.SELVANDRAN Advocate For Respondent : Mr. C.RAMESH Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as accused No.3 and he prayed for the grant of anticipatory bail under Section 438 of the Code of Criminal Procedure for an alleged offence punishable under Section 420 of the Indian Penal Code in Crime No.24 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State. 3. The case of the prosecution is that Accused Nos.1 and 2 cheated a sum of Rs.2,85,500/- from three persons by promising to get a job in the Police Department in the presence of the petitioner. 4. The learned counsel appearing for the petitioner would submit in his argument that the petitioner is an innocent person and he has nothing to do with the alleged offence. He would further submit in his argument that the petitioner has been falsely implicated in this case and hence, he prays for anticipatory bail in favour of the petitioner. 5. It is reported by the learned counsel appearing for the petitioner that Accused No.1 has already been granted anticipatory bail by this Court on 22.06.2011 in Crl.O.P.(MD)No.6638 of 2011. It is further reported that this petitioner/Accused No.3, being the relative of Accused Nos.1 and 2, who are the husband and wife, was only present at the time when the money was paid. https://hcservices.ecourts.gov.in/hcservices/ 6. Considering the facts and circumstances of the case and also considering the fact that Accused No.1 has already been granted anticipatory bail by this Court as per order dated 22.06.2011 made in Crl.O.P.(MD)No.6638 of 2011, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.1, Tuticorin 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 Judicial Magistrate No.1, Tuticorin and on further condition that the petitioner shall appear before the concerned Magistrate daily at 10.30 a.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 Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 28/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.1 TUTICORIN 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TUTICORIN DISTRICT. ORDER IN CRL OP(MD) No.17293 of 2011 Date :28/12/2011 NSV/4.1.12/2P/5C https://hcservices.ecourts.gov.in/hcservices/