Senthuraan v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19173 of 2015 SENTHURAAN ... PETITIONER / ACCUSED A1 Vs State represented through THE INSEPECTOR OF POLICE EMANAESWARAM POLICE STATION, RAMNAD DISTRICT, CRIME NO.132 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S P.MUTHURAJA 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 A1 apprehends arrest at the hands of the respondent police for the alleged offence punishable under section 420 of IPC, in Crime No.132 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.According to the de-facto complainant that he is the owner of the property comprised in survey No.130 to an extent of 9 acres in Emaneswaram village and when he was away from the village, A1 who was working as Surveyor with the help of the other accused got patta in their name and sold the property to the third parties. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The learned counsel further submitted that the case was registered based on the direction issued by this court in Crl.O.P(MD)No.16490 of 2015. The petitioner was working as Surveyor between 2009 and 2011 in those periods, there was no survey conducted by the petitioner and the entire allegations in the complaint are very vague and frivolous in nature and the petitioner retired from service in the year 2014 and the complaint was registered only on 27.09.2015 with an ulterior motive.

4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

5.I have perused the complaint as well as the other materials available on record.

6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Paramakudi 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 for a period of two weeks and thereafter as and when required for interrogation. 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/- 15/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSEPECTOR OF POLICE EMANAESWARAM POLICE STATION, RAMNAD DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S P.MUTHURAJA Advocate SR.No.61953 sm:sks-rr-SAR II:26.10.2015:2P/6c

ORDER

IN CRL OP(MD) No.19173 of 2015 Date :15/10/2015 https://hcservices.ecourts.gov.in/hcservices/