Kumarapandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of November Two Thousand Fifteen PRESENT THE HON`BLE MS.JUSTICE V.M.VELUMANI CRL OP(MD) No.21071 of 2015 KUMARAPANDIAN ... PETITIONER / ACCUSED RANK NOT ASSIGNED Vs STATE REP. BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, KARUR,KARUR DISTRICT.

(CRIME NO. 17 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.R.SREENIVASAN Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who arrayed as accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 420,464,465,468,471 and 474 of IPC, in Crime No.17 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that A1 and A2 created false documents and sold the Government land belonged to the Trichy Zilla Board to A3, by sale deed, dated 16.07.2014.

3. According to the petitioner, while he was working as a Village Administrative Officer, he was called for enquiry frequently by the respondent police and gave a statement that he is nothing to do with the alleged occurrence. Further, the name of the petitioner is not found in the First Information Report.

4. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. He further submitted that the accused nos. 1 to 3 were already granted anticipatory bail by his Court in Crl.O.P(MD). Nos.10666 and 10667 of 2015, dated 23.09.2015.

5. The learned Government Advocate (Crl. Side) would submit that the petitioner only assisted A1 and A2 for creating false document and therefore, he strongly objected to grant anticipatory bail to the petitioner.

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6.Considering the facts and circumstances of the case and also considering the fact that the co-accused were already granted anticipatory bail , 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 Judicial Magistrate-II, Kulithalai, Karur 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 once in a week i.e on every Monday at 10.00 a.m until further orders. The petitioners 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/- 17/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, KULITHALAI, KARUR DISTRICT

2. THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT

3. THE INSPECTOR OF POLICE,DISTRICT CRIME BRANCH, KARUR,KARUR DISTRICT.

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

+1. CC to M/S M.R.SREENIVASAN Advocate SR.No.65882

ORDER

IN CRL OP(MD) No.21071 of 2015 Date :17/11/2015 GJM/ARK/ZK/ARII-20.11.2015-2p-6C https://hcservices.ecourts.gov.in/hcservices/