Sathish Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI M.SATHISH KUMAR ... PETITIONER/UNNAMED ACCUSED Vs THE INSPECTOR OF POLICE ANNA NAGAR POLICE STATION, MADURAI CITY, MADURAI DISTRICT.

CR.NO.14/2024 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.DINESH.K Advocate For Respondent : MR.B.NAMBISELVAN,Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER: FOR ANTICIPATORY BAIL IN CRIME NO. 14/2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/Unnamed Accused, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 404, 420, 465, 468 and 471 of 1/5

IPC in Crime No.14 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the de-facto complainant is the daughter of one Perumal Nadar and the said Perumal Nadar had three daughters, including the defacto complainant herein. While so, the petitioner's father, namely, Murugan was not born to the biological parents of the defacto complainant. However, the petitioner's father helped the defacto complainant's father and mother, who were lost on the verge of their old age and taking advantage of the absence of the defacto complainant, the petitioner's father obtained a legal heir certificate from the revenue officials with the help of the petitioner. Thereby, the defacto complainant made a complaint before the respondent police. Hence, the case was registered against the petitioner.

3.The learned counsel for the petitioner would submit that if it is a legal heir certificate issued, it has been cancelled only in the manner known to law and further the defacto complainant herself admitted that the petitioner's father is living along with the said Perumal Nadar and his wife and after death of the said Perumal Nadar and his wife and after conducting a detailed enquiry, the legal heir certificate was 2/5

cancelled, in which, the petitioner is not responsible and if at all the defacto complainant has any grievance, she has to take steps to cancel the legal heir certificate in the manner known to law either before the Civil Court or before the Revenue official instead of filing the criminal complaint before the respondent police is not sustainable one. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the co-accused has already granted anticipatory bail by this Court in Crl.O.P.(MD).No.1346 of 2024 dated 05.02.2024. 5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.

Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.6, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.

officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c)the petitioner shall report before the respondent police as and when required for interrogation;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial; (f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 4/5

(g)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (CS- I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1.THE JUDICIAL MAGISTRATE NO.6, MADURAI, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3.THE INSPECTOR OF POLICE ANNA NAGAR POLICE STATION, MADURAI CITY, MADURAI DISTRICT.

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

+1 CC to M/s.K.DINESH, Advocate ( SR-2250[I] dated 22/02/2024 )

ORDER

IN Date :22/02/2024 RK/GS (28/02/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5