1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Tuesday, the Thirteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16192 of 2011 1 G. JEYA BALAN 2 J. GOMATHY JEYAM :PETITIONERS / ACCUSED NOS.1&2 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT. CR NO. 3/08.:RESPONDENT / COMPLAINANT For Petitioner : M/S. R.ANAND Advocate For Respondent : MR.K.S.DURAIPANDIAN, ADDITIONAL PUBLIC PROSECUTOR. PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C. ORDER:The Court Made the following order:- The petitioners apprehend arrest at the hands of the respondent police for the alleged offences under Sections 13(2) r/w 13(1)(e) of Prevention of Corruption Act, 1988, in Crime No.3 of 2008 on the file of the respondent police and hence, seek anticipatory bail. 2. Heard Mr.R.Anand, learned counsel for the petitioners and Mr.K.S.Duraipandian, learned Additional Government Pleader appearing for the respondent State. 3. According to the submission of the learned counsel for the petitioners, the first petitioner was proceeded in a case of trap in Crime No.2 of 2006 and subsequently, he was arrested and released on bail and he was placed under suspension and this case was investigated and charge sheet has been filed and the case has been taken on file and witnesses have been examined in continuance of filing the charge sheet. He would further submit that in continuance of the said crime, the house of the first petitioner and other places have been searched and the respondent police have launched another case in Crime No.3 of 3008 as if, the petitioners got more properties than his known income. He would further submit that the case against the petitioners ought to have been charged along with the earlier F.I.R and the present F.I.R. is nothing but the continuation of the earlier F.I.R. and therefore, the first petitioner, who was released on bail and appearing before the Court without any default, may also be considered for anticipatory bail. He would also submit that the petitioners got permanent residence and therefore, they will not abscond from the clutches of law. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned Additional Public Prosecutor would submit in his argument that even though the case has been registered in the year 2008, investigation is pending. He would further submit that the offence committed by the first petitioner is a serious one and therefore, the bail plea need not be considered for the petitioners. 5. The learned counsel for the petitioners seek permission of this Court to withdraw the bail plea in respect of the first petitioner and he has also made an endorsement to that effect. Therefore, the anticipatory bail petition regarding the first petitioner is dismissed as withdrawn. 6. Considering the submissions made by both sides, I could see that there is a prima facie case for grant of anticipatory bail to the second petitioner and therefore, this Court is inclined to grant anticipatory bail to the second petitioner. 7. Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Chief Judicial Magistrate, 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 second petitioner shall report before the respondent police as and when required for interrogation. The second petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 8. The second 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/- 13/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Chief Judicial Magistrate, Virudhunagar District @ Srivilliputhur. 2.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3.The Inspector of Police, Vigilance and Anti Corruption, Virudhunagar. RP/19.12.2011/2P/4C. ORDER IN CRL OP(MD) No.16192 of 2011 Date :13/12/2011. https://hcservices.ecourts.gov.in/hcservices/