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Thursday, August 18, 2022

Madras HC grants pre-arrest bail to police officer in cheating case

Justice Dr G Jayachandran granted the relief to the suspended cop while passing orders on a criminal original petition from Sivakumar on recently.

Madras High Court (File)

The Madras High Court has granted conditional advance bail to A Sivakumar (49), then Assistant Commissioner of Police in Thirumangalam range here, who apprehended arrest under various sections of the IPC, including cheating and the Tamil Nadu Prohibition of Harassment of Women Act and absconding hitherto.

Justice Dr G Jayachandran granted the relief to the suspended cop while passing orders on a criminal original petition from Sivakumar on recently.

The charge against Sivakumar was that while serving as the ACP, he and the inspector attached to Thirumangalam police station abused their power and abducted the complainant in a money dispute case and his wife and kept them in illegal detention and forced them to execute a sale deed.

The judge noted Sivakumar had applied for advance bail two months ago and it was dismissed. However in view of the subsequent development that the investigation is almost completed and the compromise entered by the complainant, will no longer require the custodial interrogation of the petitioner.

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“Hence this Court is inclined to grant anticipatory bail to the petitioner on condition that the petitioner is not permitted to leave the State without prior permission of the Chief Metropolitan Magistrate, Special Court for CCB & CBCID, Egmore, Chennai, since the conduct of the petitioner indicates that he has been absconding all along and he was not available for interrogation,” the judge said.

The petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a week before the CMM, on condition that he shall execute a bond for Rs. 1 lakh with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the Magistrate concerned.

If he failed to surrender before the Magistrate concerned within 7 days, this order shall stand automatically cancelled. He shall report before the Investigating Officer as and when required for interrogation, shall not tamper with the evidence or witness either during investigation or trial. He shall not abscond either during investigation or trial, the judge added.

First published on: 30-06-2022 at 07:13:42 am
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