S.P. Chelladurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of December Two Thousand Fifteen PRESENT THE HON`BLE MS.JUSTICE V.M.VELUMANI CRL OP(MD) No.21323 of 2015 S.P. CHELLADURAI ... PETITIONER / ACCUSED NO.2 Vs STATE REPRESENTED THROUGH THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION, DINDIGUL DISTRICT.

IN CR.NO. 88 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S K.SAMIDURAI 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 is arrayed as accused No.2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 417 and 467 of IPC in Crime No.88 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the A1 impersonated the de facto complainant and with the help of A2 sold the property to A3 and therefore, a case has been registered against the accused persons.

3. The learned counsel appearing for the petitioner submitted that the petitioner has signed only as attesting witness and he did not commit any offence as alleged by the prosecution. He further submitted that A1 only involved in the incident and the A3 was already granted anticipatory bail by this Court in Crl.O.P(MD).No.6422 of 2015 on 08.04.2015.

4. The learned Government Advocate (Crl. Side) submitted that the petitioner who was working as a broker, was well aware of owner of the property. The petitioner assisted the first accused for commission of offence. Further, A3 is the bonafide purchaser and he is placed in a different footing. This Court dismissed the earlier petition filed by petitioner for anticipatory bail.

This is third petition for anticipatory bail.

5. Considering the facts and circumstances of the case and also considering the fact that the A3 is only a bonafide purchaser and from the materials on record it is seen that this Court considered all the materials and rejected earlier petition and there is no change of https://hcservices.ecourts.gov.in/hcservices/

circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. sd/- 08/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE,KODAIKANAL POLICE STATION, DINDIGUL DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT,MADURAI

ORDER

IN CRL OP(MD) No.21323 of 2015 Date :08/12/2015 GJM/PM/SARII-16.12.2015-2p-3C https://hcservices.ecourts.gov.in/hcservices/