Krishnasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11887 of 2015 KRISHNASAMY ... PETITIONER(S) / ACCUSED Vs STATE REP BY:: THE INSPECTOR OF POLICE CHATRAPATTI POLICE STATION, MADURAI DT, CRIME NO.350/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.SATHISH BABU Advocate For Respondent : The 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 the sole accused, apprehends arrest at the hands of the respondent police for an alleged offence punishable under Section 406 and 420 of I.P.C. in Crime No.350 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The prosecution case is that the accused had purchased the property of the de-facto complainant and got a sale deed executed in his name on 23.12.2013, but he failed to pay the sale consideration of Rs.3,68,000/-.

3.The learned counsel for the petitioner submitted that the defacto complainant had sold the property for Rs.50,600/- by a registered sale deed, dated 23.12.2013 and now he lodged a false complaint due to raise of cost of the land. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) opposed the bail petition stating that the accused has cheated the defacto complainant and grabbed his property without paying the sale consideration.

5.Considering the above facts, 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 No.II, Madurai and on executing a bond for a sum of https://hcservices.ecourts.gov.in/hcservices/

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 10.30 a.m., for a period of two weeks and thereafter, 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/- 29/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO II MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE CHATRAPATTI POLICE STATION, MADURAI DT, +1. CC to M/S.N.SATHISH BABU Advocate SR.No.34506 DM 01 JUlY 15 ORDER IN CRL OP(MD) No.11887 of 2015 Date :29/06/2015 2P: 6C https://hcservices.ecourts.gov.in/hcservices/