Madras High CourtCRL OP(MD)/1003/2020granted

Priya @ Lakshmi Priya v. The Inspector Of Police

2020-01-24Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN

1. PRIYA @ LAKSHMI PRIYA

2. PANCHU

3. KALADEVI

4. RAVIKUMAR

5. MURUGAN

6. AHAMED KABIR

7. SURESH PANDIAN

8. GUNASEKARAN

9. MAMUNDI

10. MUTHURAJA ... PETITIONERS/ACCUSED RANK NOT KNOWN VS STATE REP. BY THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, MADURAI CITY, CRIME NO.21 OF 2019.

... RESPONDENT/COMPLAINANT For Petitioners : M/s.R.Neethirajaram, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Anticipatory Bail in Crime No.21 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent. 1/3

2. The petitioners are in custody since 28.11.2019 for the offences punishable under sections 120(b), 406, 419, 420, 468, 471 and 506(i) of I.P.C., in Crime No.21 of 2019 on the file of the respondent police. They seek bail.

3. The prosecution case is that while executing the document No.847 of 2019 before the Joint IV, Sub Registrar, Palanghanatham, a large scale impersonation was committed.

4. The petitioner's counsel have also filed an affidavit before this Court stating that they had been induced by one Sathakathullah to come to the said Registrar Office and sign. According to the petitioner's counsel, the petitioners were made to believe that they were only attesting some documents and taking advantage of their innocence and rustic background, a huge fraud has been perpetrated. 5.The petitioners' defence is that they had been used as a tool by the said Sathakathullah.

6.I am of the view that the defence projected by the petitioner's herein appears to be quite probable. Therefore, bail is granted.

7. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions;

(i) the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only)each with two common sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.I, Madurai.

(ii) the petitioners are directed to appear before the respondent police as and when required for the interrogation. (iii) on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 24/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE CENTRAL CRIME BRANCH, MADURAI CITY.

4 THE SUPERINTENDENT, WOMEN CENTRAL PRISON, MADURAI.

5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.NEETHI RAJA RAM, Advocate ( SR-1475[I] dated 24/01/2020 )

ORDER

IN CRL OP(MD) No.1003 of 2020 Date :24/01/2020 rmi JM/VR/SAR 3/24.01.2020/3P/8C 3/3