← Library
Madras High CourtCRL OP(MD)/11062/2015ordered

Gopalakrishnan v. The Inspector Of Police

2015-11-19Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11062 of 2015 1 GOPALAKRISHNAN 2 SUBBAMMAL 3 RAMAKRISHNAN 4 SHANMUGAM @ SHANMUGA SUNDARAM 5 AAYIRAM ... PETITIONERS / ACCUSED No.1 to 5 Vs The State rep. by THE INSPECTOR OF POLICE GANGAIKONDAN POLICE STATION, TIRUNELVELI DISTRICT. CR. NO. 78 OF 2015. ... RESPONDENT / COMPLAINANT SEETHAI ... PETITIONER/INTERVENER/DEFACTO COMPLAINANT For Petitioner : M/S.K.ABIYA Advocate For Respondent : Mr.K.Anbarasan, Govt. Advocate ( Crl. Side) For Intervenor : Mr.S.Lingarasu, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused 1 to 5 in Crime No.78 of 2015 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 420, 465, 467, 468, 471 IPC and hence, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner by producing false documents, changed the patta to his name for the property comprising Survey No.478/4A, situated at Chithar Sathiram Village in Tirunelveli District. The defacto complainant is the owner of the property.

3. The learned Government Advocate (Crl.side) submitted that subsequent to filing of an appeal before the Revenue Divisional Officer, patta granted to the petitioner/accused has been cancelled. 4.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not involved in any offence and they have no bad antecedents.

5. Considering the facts and circumstances of the case and the fact that patta granted to first petitioner is cancelled, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.3, Tirunelveli, and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two https://hcservices.ecourts.gov.in/hcservices/

sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioners 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/- 19/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.3, TIRUNELVELI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE GANGAIKONDAN POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.K.ABIYA Advocate SR.No.66380 sm:sk-skn:SAR II:23.11.2015:2P/6C

ORDER

IN CRL OP(MD) No.11062 of 2015 Date :19/11/2015 https://hcservices.ecourts.gov.in/hcservices/