C.Rajasekaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR C.Rajasekaran ... Petitioner/Accused No.4 Vs State rep.by The Inspector of Police, District Crime Branch, Madurai, Madurai District. (Crime No.34/2020).

... Respondent/Complainant For Petitioner : M/s.C.Susi Kumar, Advocate.

For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.34/2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 419, 420, 465, 466, 467, 468, 471, 294(b), 506(i) and 120B IPC in Crime No.34 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the other accused are said to have created forged documents and the petitioner herein, who was working as Sub-Registrar, is said to have registered the said forged document. With the help of the said registered document, the other accused encroached the defacto complainant's property. Hence, the present complaint.

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3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side), appearing for the respondent police submitted that investigation is pending. 5.The only allegation against the petitioner is that while he was working as Sub-Registrar, Madurai South, he registered a document in Doc.No.903 of 2010, on 04.02.2010, which is forged one. By using the same, the other accused encroached the defacto complainant's property. It is seen that the petitioner had joint as Sub-Registrar in the year 1996 and retired in the year 2017. Further the disputed document was registered in the year 2010. 6.Considering the above facts and circumstances of the case and considering the fact that custodial interrogation of the petitioner is not necessary in this case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the Judicial Magistrate cum Special Court for Anti Land Grabbing Cases, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall appear before the respondent Police as and when required for interrogation;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)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 2/3

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]; and; (f)if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 25/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE CUM SPECIAL COURT FOR ANTI LAND GRABBING CASES, MADURAI.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, MADURAI, MADURAI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.685 of 2021 Date :25/02/2021 NR/PN/SAR-I(02.03.2021) 3P:5C 3/3