R. Chandrasekaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18794 of 2015 R. CHANDRASEKARAN ... PETITIONER / ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION SPECIAL WING, THANJAVUR DISTRICT.
(CRIME NO.10 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S A.C.ASAITHAMBI Advocate For Respondent : MRS.S.PRABHA 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 accused, apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Sections 120(b), 466, 467, 468 and 471 IPC, Section 13(1)(d) r/w and Section 13(2) of PC Act, 1988, in Crime No.10 of 2015 on the file of the respondent Police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the de facto complainant is the owner of the property to an extent of 40 cents 16 ares in Survey No.133/5 and one Kalaiselvi obtained a forged patta and executed a sale deed in respect of the property of the de facto complainant in favour of her daughter Suganya with a view to grab the property of the de facto complainant.
3.The learned counsel for the petitioner submitted that the petitioner was functioning as a Sub Registrar, Orathanadu. Based on the patta issued by the competent authority namely, Tahsildar, Orathanadu, he registered the sale deed. It is further submitted that the Tahsildar has sent a report to the Sub Registrar, Orathanadu dated 09.09.2015 stating that the said Kalaiselvi has obtained a forged patta in her favour. 4.The learned counsel for the petitioner further submitted that the petitioner is an innocent person and he is nothing to do with the forged patta, which was obtained by the said Kalaiselvi and he has been unnecessarily roped in this case.
5.The learned counsel for the petitioner produced a typed set of papers containing the patta in favour of Kalaiselvi and the settlement deed and also the family card of Kalaiselvi.
https://hcservices.ecourts.gov.in/hcservices/ 6.Heard the learned Government Advocate (Crl.side) appearing for the respondent Police.
7.Considering the facts and circumstances of the case, 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 *Chief Judicial Magistrate, Kumbakonam, Thanjavur District, 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 as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.
8.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/- 01/10/2015 * FOR BEING MENTIONED AS PER ORDER OF THIS HON'BLE COURT DATED 13.10.2015 AND MADE IN CRL OP(MD)No.18794 OF 2015 Time is extended for a period of one week from the date on which the order copy is made ready.
sd/- 13/10/2015 / TRUE COPY / Sub-Assistant Registrar TO TO BE SUBSTITUTED TO THE ORDER ALREADY DESPATCHED ON 07.10.2015 1 THE JUDICIAL MAGISTRATE, KUMBAKONAM *2 THE CHEIF JUDICIAL MAGISTRATE, THANJORE DISTRICT 3 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION SPECIAL WING, THANJAVUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S A.C.ASAITHAMBI Advocate SR.No.57898.
ORDER
IN CRL OP(MD) No.18794 of 2015 Date :01/10/2015 AM/07.10.2015/DP/SAR-I/2P/6C TS/13.10.2015/2P - 6C SK-SKN/SAR -I https://hcservices.ecourts.gov.in/hcservices/