N.Subbiah v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.19362 of 2015 N.SUBBIAH ... PETITIONER/ACCUSED NO.4 Vs THE STATE REP.BY ITS THE INSPECTOR OF POLICE SAPTUR POLICE STATION, MADURA DISTRICT, CRIME NO.143/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.J.JEYAKUMARAN Advocate For Respondent : MR.K.ANBARASAN, Government 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 No.4, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 468, 471, 419 and 420 of I.P.C., in Crime No.143 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that totally there are 6 accused in this case and the accused persons have sold the property of the de-facto complainant without having any title. Therefore, the de-facto complainant has given a complaint and a case has been registered against the accused for the aforesaid offences.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

4. According to the petitioner, the de-facto complainant is not the owner of the property and he is not having any property in Survey Nos.62/2C and 62/2A and the petitioner is concerned with these two survey numbers.

5. The learned Government Advocate (Crl.side) submitted that the defacto complainant is the owner of the property and only on his complaint, the case has been registered and the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

6. 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 his arrest or on his appearance before the learned Judicial Magistrate, Peraiyur, Madurai District 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 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 is made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 27/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ,PERAIYUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, SAPTUR POLICE STATION,MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.J.JEYAKUMARAN Advocate SR.No.67439

ORDER

IN CRL OP(MD) No.19362 of 2015 Date :27/11/2015 CSL/NGM-SS/SAR-I/30.11.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/