V. Balagurusamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6527 of 2015 V. BALAGURUSAMY ... PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE VEERAPANDI POLICE STATION, THENI DISTRICT CRIME NO.88/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.JEYAKUMAR Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is the first accused and he was arrested and remanded to judicial custody on 07.03.2015 for the alleged offences punishable under Sections 120(b), 468 & 420 of IPC in Crime No.88 of 2015 on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that the de-facto complainant is the owner of land in Survey No.1405/3A to an extent of 79 cents situated at Muthuthevanpatti, Kannimarkulapuravil, Veerapandi village and the accused persons have created encumbrance over the property.

3. The learned counsel appearing for the petitioner submitted that the petitioner is arrayed as A1 and the occurrence said to have been taken place in the year 2009 and the complaint was lodged only in the year 2015. It is further submitted by the learned counsel for the petitioner that the second accused was granted bail in Crl.O.P(MD)No.5783 of 2015 by this court. It is further submitted by the learned counsel for the petitioner that the petitioner was engaged in the real-estate business and the earlier cases were registered on the basis of the order passed by the Judicial Magistrate, Theni, under Section 156(3) of Cr.P.C. and the petitioner has been regularly appeared in those cases.

4. Per contra, the learned Government Advocate (crl.side) appearing for the respondent police submitted that the petitioner is having 12 previous cases of similar nature.

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5. Considering the above stated facts and circumstances of the case and also considering the fact that the petitioner is in jail since 07.03.2015, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on executing a personal 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 Judicial Magistrate, Theni and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m. until further orders. sd/- 15/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THENI 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3 THE INSPECTOR OF POLICE VEERAPANDI POLICE STATION, THENI DISTRICT 4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.B.JEYAKUMAR Advocate SR.No.18801

ORDER

IN CRL OP(MD) No.6527 of 2015 Date :15/04/2015 NA/15/04/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/