← Library
Madras High CourtCRL OP(MD)/5453/2018allowed

A. Muthaia Nadar v. The Inspector Of Police

2018-04-09Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5453 of 2018 1 A.MUTHAIA NADAR 2 SIVAHAMI AMMAL 3 ISAIKUMARAN 4 MUTHUDURAI ... PETITIONERS/ACCUSED No.1 to 4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, ILATHUR POLICE STATION, ILATHUR, TIRUNELVELI DISTRICT.

IN CR.NO. 188/2015 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.S.PALANIVELAYUTHAM, Advocate For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are apprehending arrest at the hands of the respondent police for the offences punishable under Sections 420, 465, 468, 469 and 471 of IPC in Crime No.188 of 2015 on the file of the respondent police and seek anticipatory bail. 2.The first and second petitioners are the owners and they have sold the property in question in favour of the fourth petitioner through one power agent namely, the third petitioner herein. The FIR itself was registered in the year 2015. The petitioners 1 and 2 are aged about 78 years and 79 years respectively.

The other two petitioners are also above 50 years. The case against the petitioners is based on the documentary evidence and custodial interrogation is not necessary. 3.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be https://hcservices.ecourts.gov.

released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate cum District Munsif Court, Shenkottai, Tirunelveli District, and on them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

4.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 09/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE CUM DISTRICT MUNSIF, SENKOTTAI, TIRUNELVELI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, ILATHUR POLICE STATION, ILATHUR, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.PALANIVELAYUTHAM Advocate SR.No.5818

ORDER

IN CRL OP(MD) No.5453 of 2018 Date :09/04/2018 PK/CM-VR/RNB/12.04.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/