Neelakandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirteenth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12882 of 2015 NEELAKANDAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, KARUR, CR.NO.18/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.SITHARANJANDAS Advocate For Respondent : 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 sole accused in Crime No.18 of 2015 on the file of the respondent police apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 479, 464 and 506(i) IPC and hence, seeks anticipatory bail. 2.One Mr.N.

Subramani preferred a complaint against this petitioner, who is his own brother-in-law, alleging that he had stolen his signed promisery notes and other documents to cheat the defato complainant. 3.The learned counsel for the petitioner submitted that the defacto complainant is own brother-in-law of this petitioner and due to dispute over partitioning the family property, this complaint was given. It is further submitted that the father of the defacto complainant Mr.C.Nallappan has filed a suit in O.S.No.320 of 2014 against the defacto complainant and the defato complainant has filed another suit in O.S.NO.29 of 2015 against his father, sisters, brother-in-laws and the Government Officials for declaration and permanent injunction. 4.

It is further submitted that the sisters of the defacto complainant namely Vasavi and Dhanalakshmi have filed a suit in O.S.No. 75 of 2015 before the District Munsif Court, Karur, for permanent injunction. When the suits are pending, the defacto complainant has given the complaint with an ulterior motive.

5.Heard the learned Government Advocate (Crl.Side) appearing for the State.

https://hcservices.ecourts.gov.in/hcservices/ 6.Considering the facts and circumstances of the case and also considering the fact that the injured person had already been discharged

from the hospital, 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 Court No.I, Karur, 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police on two Saturdays and Sundays at 10.00 a.m and there after as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7. 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/- 13/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.I, KARUR.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, KARUR. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KARUR. +1. CC to M/S.V.SITHARANJANDAS Advocate SR.No. 28119. TS/ 14.07.2015/2P - 6C

ORDER

IN CRL OP(MD) No.12882 of 2015 Date :13/07/2015 https://hcservices.ecourts.gov.in/hcservices/