Elangovan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Elangovan

...Petitioner

Vs.

State Rep. by The Inspector of Police, Annadhanapatty Police Station, Salem District.

(Crime No.495 of 2023).

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No. 495 of 2023 on the file of the Inspector of Police, Annadhanapatty Police Station, Salem District.

For Petitioner : Mr.B.Vasudevan For Respondent : Mr.S.Rajakumar Additional Public Prosecutor 1/4

ORDER

The petitioner, who was arrested and remanded to judicial custody on 17.06.2023 for the offence punishable under Sections 341, 395 r/w 397 and 506(ii) IPC in Crime No.495 of 2023 on the file of the respondent police, seeks bail.

2. When the matter was taken up for hearing on 11.08.2023, it was averred by the learned counsel for the petitioner that, petitioner was ready to re-transfer the property in favour of the defacto complainant. To facilitate the re-transfer, interim bail was granted with conditions.

3. In pursuance of the undertaking given, it is now informed that, petitioner had executed sale deed in favour of the defacto complainant on 18.08.2023. In support of this submission, xerox copy of the sale deed is also produced for perusal of this Court.

4. When the matter was taken up for hearing on 30.08.2023, this Court directed the learned Additional Public Prosecutor to get 2/4

instructions from the respondent police as to the execution of sale deed and also directed to ensure the presence of the defacto complainant before this Court.

5. Today, defacto complainant is not present. However, learned Additional Public Prosecutor confirmed the execution of sale deed by the petitioner in favour of the defacto complainant.

6. In the said circumstances, Interim Bail granted to the petitioner on 11.08.2023 is made absolute.

7. The condition to report before the respondent is alone modified to the effect that, petitioner shall report before the Inspector of Police, Kondalampatty Police Station on every Saturday at 10.30.a.m., until further orders. The other conditions imposed while granting interim bail shall remain unaltered.

05.09.2023 Sma 3/4

G.CHANDRASEKHARAN.

J.

Sma To 1.The Inspector of Police, Annadhanapatty Police Station, Salem District.

2.The Inspector of Police, Kondalampatty Police Station, Salem District.

3.The Public Prosecutor, High Court of Madras 05.09.2023 4/4