Vaira Muthammal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11613 of 2015 VAIRA MUTHAMMAL ... PETITIONER / ACCUSED No.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE TOWN POLICE STATION, SANKARANKOVIL, TIRUNELVELI DIST. (CR.NO. 545 OF 2012) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.MURUGAPPAN Advocate For Respondent : M/S.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.2, apprehends arrest at the hands of the respondent Police for the alleged offence punishable under Section 420 of IPC in Crime No.
545 of 2012 on the file of the respondent Police and hence, seeks anticipatory bail. 2.According to the de facto complainant, he is the owner of the property in Survey No.739/01 to an extent of 2.77 hectares. But, the accused Nos.1 and 2 without having any right over the property, had entered into an agreement with the accused Nos.3 and 4 to create encumbrance.
3.The learned counsel for the petitioner submitted that the first accused was already arrested and released on bail and even as per the complaint, the accused 1 and 2 have only entered into an agreement with the accused Nos.3 and 4, but, the property was not sold. The learned counsel further submitted that the petitioner is an innocent person and she has been falsely implicated into this case. 4.Heard the learned Government Advocate (Crl.side) appearing for the respondent.
5.Considering the facts, the case was registered in the year 2012, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Sankaran Kovil, Tirunelveli District, 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 https://hcservices.ecourts.gov.in/hcservices/
Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6.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. sd/- 01/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL, TIRUNELVELI. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE TOWN POLICE STATION, SANKARANKOVIL, TIRUNELVELI DISTRICT. +1. CC to M/S.R.MURUGAPPAN Advocate SR.No.35577. TS/03.07.2015/2P -6C
ORDER
IN CRL OP(MD) No.11613 of 2015 Date :01/07/2015 https://hcservices.ecourts.gov.in/hcservices/