Somu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19052 of 2015 SOMU ... PETITIONER / 4th ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE, DCB, NAGERCOIL, KANYAKUMARI DISTRICT.

(CRIME NO. 20 OF 2015) ... RESPONDENT / COMPLAINANT FOR PETITIONER : M/S R.ILAYARAJA 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 A4 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 403, 409, 419, 420, 465, 468 and 471 of IPC, in Crime No.20 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.According to the de-facto complainant Samykannu Pillai, Managing Director of Vellalar Educational Society that A1 who is the Secretary of the society impersonated A3 as if she is Nagammal and made arrangements to sell the property comprised in Survey No.672/2 at Theroor Village to A2 and thereafter, A1 purchased the same with the connivance of the other accused.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. The learned counsel further submitted that the petitioner is only signed as a witness in the the sale deed executed by A2 and that A1 and A3 were enlarged on anticipatory bail by this court in Crl.O.P(MD)No.3801 and 14937 of 2015. 4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that in this case, the investigation is over and charge sheet has also been filed.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case, this

Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.1, Nagercoil and on his 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 daily at 10.00 a.m until further orders. 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/- 14/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT.

3. THE INSPECTOR OF POLICE, DCB, NAGERCOIL, KANYAKUMARI DISTRICT.

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

+1. CC to M/S R.ILAYARAJA Advocate SR.No. 61198

ORDER

IN CRL OP(MD) No.19052 of 2015 Date :14/10/2015 2P/6C TE/GSV-PM/SAR-II : 26/10/2015 https://hcservices.ecourts.gov.in/hcservices/