M.Sheik Usman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.12220 of 2014 M.SHEIK USMAN ... PETITIONER/ACCUSED NO.3 Vs STATE THROUGH THE INSPECTOR OF POLICE CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT CRIME NO.113/2014 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S. K.J. ASSOCIATES Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 465, 467 and 420 IPC in crime number 113 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) 3.This case was registered pursuant to the directions of this Court in Crl.O.P.(MD).No.7350 of 2014, dated 21.04.2014. The defacto complainant in this case is a practicing advocate. According to the defacto complainant, the property in question belongs to his wife. His wife had appointed one Fakkir Muhaideen (A-2) and Sheik Usman (A-3), who is the petitioner herein as power accounts for disposing of her property. It is alleged that the power agents disposed of the property, but did not give proper accounts to his wife and that his wife died on 20.06.2013. It is seen that co-accused in this case have been granted anticipatory bail and F.I.R does not even disclose on what date, power of attorney document has been made and for what amount, the petitioner's sold the property.

https://hcservices.ecourts.gov.in/hcservices/

4.Under such circumstances, I am of the view that it is a fit case for grant of anticipatory bail to the petitioner. 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police twice a day at 10:30 a.m., in the morning and 06:30 p.m., in the evening for a period of two weeks and thereafter, as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 02/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE CHERANMAHADEVI, TIRUNELVELI DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3.THE INSPECTOR OF POLICE CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT 4.THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. K.J. ASSOCIATES Advocate SR.No.5174 RL/6C- 5/2/2015

ORDER

IN CRL OP(MD) No.12220 of 2014 Date :02/02/2015 https://hcservices.ecourts.gov.in/hcservices/