S. Mohan v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19504 of 2015 S. MOHAN ... PETITIONER/ ACCUSED NO.5 Vs STATE REP. BY THE INSEPECTOR OF POLICE SATHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CR. NO.173 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S A.K.MANICKAM Advocate For Respondent : MS.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 NO.5, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 465. 468, 471 and 420 of I.P.C., in Crime No.173 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.According to the de-facto complainant viz., Muneeswaran that he is the owner of a housing plot to an extent of 3 cents and the first accused, by committing impersonation, sold the property to the second accused in which A3 and A4 are signed as witnesses and the sale deed was prepared by the fifth accused.

3.The learned counsel for the petitioner submitted that the petitioner is a practising advocate and the accused 1 and 2 have approached him for preparation of the sale deed and he has done his service. It is further submitted that with an ulterior motive, he has been falsely implicated in this case.

4.The learned Government Advocate(Crl.side) submitted that the accused with a view to grab the property of the de-facto complainant, created a document.

5.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 No.II, Sattur and on his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties each for a https://hcservices.ecourts.gov.in/hcservices/

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. 6.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/- 09/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II,SATTUR 2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR.

3. THE INSEPECTOR OF POLICE, SATHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S A.K.MANICKAM Advocate SR.No.60083

ORDER

IN CRL OP(MD) No.19504 of 2015 Date :09/10/2015 NS/AMF/SAR II/13.10.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/