D.Ajay Rohan, Aged 36 Yrs v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Fifth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. KALAIYARASAN CRIMINAL ORIGINAL PETITION No.8025 of 2017 D.AJAY ROHAN [ PETITIONER / ACCUSED ] Vs THE STATE OF TAMILNADU [ RESPONDENT ] REP.BY THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH - II, ANTI LAND GRABBING SPECIAL CELL-II, VEPERY, CHENNAI - 600 007 CR.NO.74 OF 2015.

For Petitioner : M/S.M.DHAMODHARA KRISHNAN Advocate For Respondent : MR. R. SEKAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A4 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 419, 420, 465, 468, 471 r/w 34 IPC in Crime No.74 of 2015 on the file of the respondent police and hence, pray for anticipatory bail.

2. The case of the prosecution is that the property, which was belonged to R.B.Jeevan Chowdry was sold in favour of one Syed Ali through the alleged power of Attorney of Jevan Chowdry by fabricating the documents. The petitioner is alleged to have introduced the purchaser to co-accused/A1 and that A1 is alleged to have created the forged Power of Attorney.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has acted as a mediator, thereby, introduced the purchaser to co-accused/A1 to sell the property under the bonafide plea that he is the owner. He further submits that the petitioner is having Permanent resident and that co accused has been released on bail. Hence, he prays for anticipatory bail.

4. Though the learned Government Advocate (Crl. Side) opposed the relief of anticipatory bail to the petitioner, he concedes that co accused has been released on bail.

5.Considering the alleged role of the petitioner in the crime, release of co accused on bail and coupled with the fact that the petitioner is having permanent residence and also considering the entire facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Alandur and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, 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 daily before the respondent police for a period of two weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

-sd/- 05/05/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, ALANDUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH - II, ANTI LAND GRABBING SPECIAL CELL-II, VEPERY, CHENNAI - 600 007 +1CC to M/S.M.DHAMODHARA KRISHNAN Advocate on payment of necessary charges SR.NO.8477 CRL OP.8025/2017 Date :05/05/2017 EGR 09/05/2017