Thangapoo v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of November Two Thousand Fifteen PRESENT THE HON`BLE MS.JUSTICE V.M.VELUMANI CRL OP(MD) No.21294 of 2015 THANGAPOO ... PETITIONER / ACCUSED NO.4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE MURAPPANADU POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO. 152 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S R.PON KARTHIKEYAN Advocate For Respondent : MR.K. 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.4, apprehends arrest at the hands of the respondent police for the offences punishable under sections 120(b), 465, 468, 471, 477(A) and 420 of IPC, in Crime No.152 of 2015, on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons have created a settlement deed, dated 28.08.2014, from one Kamalammal without her knowledge and obtained her signature under misrepresentation, while she was taking treatment in the hospital.

3. The learned counsel for the petitioner submitted that the petitioner is a Sub-Registrar of Murappanadu and the de-facto complainant is the brother of A1 and their mother, viz., Kamalammal, who was the original owner of the property, had settled the property in favour of her son, G.Arulmathi. On 28.08.2014, the petitioner discharged his official duty, registered several documents. Thereafter, the present complaint has been lodged implicating the petitioner as an accused. He further submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

4. Heard the learned Government Advocate (Criminal side) appearing for the respondent and he has submitted that the co-accused in this case were already granted anticipatory bail, by this Court, on 04.06.2015, in Crl.O.P.(MD) No.9867 of 2015.

5. Considering the facts and circumstances of the case and also the fact that the co-accused in this case were already granted anticipatory bail, by this Court, on 04.06.2015, in Crl.O.P.(MD) No.9867 of 2015, this Court is inclined to grant anticipatory bail to the petitioner with https://hcservices.ecourts.gov.in/hcservices/

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, Srivaikuntam, Thoothukudi 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 on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. 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/- 05/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, SIVAIKUNTAM, THOOTHUKUDI DISTRICT

2. THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT

3. THE INSPECTOR OF POLICE,MURAPPANADU POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S R.PON KARTHIKEYAN Advocate SR.No.65127

ORDER

IN CRL OP(MD) No.21294 of 2015 Date :05/11/2015 GJM/KBM/SARII-6.11.2015-2P-6C https://hcservices.ecourts.gov.in/hcservices/