Premkumar v. The Insepector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.17945 of 2015 1 PREMKUMAR 2 RAMAKRISHNAN ... PETITIONERS / ACCUSED NO.4 & 5 Vs THE STATE REP.BY THE INSEPECTOR OF POLICE DISTRICT CRIME BRANCH, KARUR DISTRICT, (CRIME NO.NOT KNOWN OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S V.KANNAN Advocate For Respondent : Mr.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.4 and 5, apprehending arrest at the hands of the respondent police, for the alleged commission of offences punishable under Sections 420, 468, 471 and 120(b) I.P.C., in Crime No.not known of 2015, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the property in question belongs to the de-facto complainant. A1 is the son of the de-facto complainant. On 10.10.2013, without the knowledge of the de-facto complainant, her son executed a Gift deed, in his favour, by impersonation, as if the de-facto complainant gifted the property to him. On the complaint given by the de-facto complainant, a case has been registered.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Crl. side) submitted that investigation is pending.
5. Today, when the matter is taken up for hearing, the de-facto complainant is present before this Court and she informed this Court that she has settled the matter with her son. Mr.K.Shanmugam, Special SubInspector of Police, District Crime Branch, Madurai, is also present before this Court and identified the de-facto complainant.
6. Considering the facts and circumstances of the case and also considering the fact that the de-facto complainant has settled the matter with her son, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are https://hcservices.ecourts.gov.in/hcservices/
ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Kulithalai, and on each of them 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 petitioners shall report before the respondent police, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioners 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/- 01/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.I, KULITHALAI.
2. -DO- THRO'THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.
3. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, KARUR DISTRICT,
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S V.KANNAN Advocate SR.No.68742
ORDER
IN CRL OP(MD) No.17945 of 2015 Date :01/12/2015 SH/GSV-PM/SAR-II:03.12.2015:2P/C https://hcservices.ecourts.gov.in/hcservices/