Jeyabalan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighteenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22302 of 2015 JEYABALAN ... PETITIONER/ACCUSED NO. 6 Vs.

1 THE STATE REP.BY THE INSPECTOR OF POLICE KOTTAMPATTI POLICE STATION, MELUR TALUK, MADURAI DISTRICT.

CR. NO. 375/2015 ..1st RESPONDENT/COMPLAINANT 2 P.ALAGU ..2nd RESPONDENT/DEFACTO COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK Advocate For Respondents : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) for R1 MR.P.SANTHANAKRISHNAN, Advocate for R2 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.6, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 420 of the Indian Penal Code in Crime No.375 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant and the accused Nos.1 & 3 are brothers. The property of the mother was settled on them and the properties which originally belonged to maternal grand father and their father are in joint possession along with properties purchased by them in their joint name. The joint patta in S.No.261/9 was issued. While so, accused No.1 settled the property in survey No.261/9 in favour of his wife and son. The petitioner is a document writer and he prepared the document. Hence, the defacto complainant given a complaint against the petitioner and other accused.

3.The case of the petitioner is that he is innocent and he has not committed any offence as alleged by the prosecution. The petitioner is only a document writer and he prepared the settlement deed based on the documents produced by the parties. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl.side) submitted that the investigation is pending and this Court granted anticipatory bail to the co-accused in Crl.O.P(MD)No.22454 of 2015, dated 02.12.2015. 5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is a document writer and this Court granted anticipatory bail to the co-accused in Crl.O.P(MD) No.22454 of 2015, 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, Melur 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 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/- 18/12/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, MELUR.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI.

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

4 THE INSPECTOR OF POLICE KOTTAMPATTI POLICE STATION, MELUR TALUK, MADURAI DISTRICT.

+1. CC to M/S M.S.JEYAKARTHIK Advocate SR.No.75658 akm/04.01.2016/2p-6c/GSV/AN/SAR-II

ORDER

IN CRL OP(MD) No.22302 of 2015 Date :18/12/2015 https://hcservices.ecourts.gov.in/hcservices/