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Madras High CourtCRL OP/3960/2016granted

Sellamuthukumarasamy @ Selva v. The Inspector Of Police

2016-03-16Honourable Mr Justice K. Kalyanasundaram2 pages

Crl.O.P.No.3960 of 2016 K.KALYANASUNDARAM , J.

The petitioner, who is arrayed as A1, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 468, 471, 420 IPC read with Section 34 IPC on the file of the respondent police, in Crime No. 24 of 2016 and seeks anticipatory bail.

2. The case of the prosecution is that the the complaint has been lodged by one Chinnappan Vedanayagam Pradeep, who is power agent of one Maxcim Therock alleging that when he tried to survey the lands belonging to the said Maxim Therock, in his capacity as power agent, it was objected by the petitioner along with other accused, on the ground that the said land stands in the name of A2 and A3. On verification, he came to know that A2 and A3 purchased the said land from one Mahalakshmi under registered sale deed and the said Mahalakshmi, in turn, purchased the said property from one Anthonysamy Roke Merry Josepin. It is further alleged in the complaint that those sale deeds were concocted and fabricated documents.

3.

Learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case.

4.

The learned Additional Public Prosecutor (Puducherry) would submit that the case seems to be civil in nature and the co-accused A2 and A3 were already released on anticipatory bail in Cr.M.P.No.29 of 2016 dated 01.03.2015 on the file of the Sessions Judge, Karaikkal.

K.KALYANASUNDARAM , J.

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5. Considering the facts and circumstances of the case and also considering the nature of the allegation made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.

Accordingly, the petitioner/A1 is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Karaikkal 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 petitioner shall appear before the respondent police daily at 10.00 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 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. kal 16.03.2016 Crl.O.P.No.3960 of 2016