S.Gnanappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of April Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.6733 of 2015 S.GNANAPPAN ... PETITIONER/SOLE ACCUSED Vs THE INSPECTOR OF POLICE CITY CRIME BRANCH, TRICHY CITY, TRICHY.

CR. NO. 29/2014. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SUBASH BABU Advocate For Respondent : MR.K.V.RAJARAJAN, 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 the sole accused apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 466, 468, 471 and 420 of IPC in Crime No.29 of 2014 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that one Abdul Azeez lodged a complaint alleging that the petitioner has produced a false certificate in O.S.No.1432 of 2013, filed against one P.T. Rajan and obtained interim injunction.

3.The learned counsel for the petitioner submitted that the petitioner is a tenant and the defendants in the suit are landlords and the de facto complainant is nothing to do with the property and the complaint filed by the third parties are not maintainable. He further submitted that the Criminal Case is based on the certificate produced in the suit and therefore, custodial interrogation of the petitioner is not necessary. It is further submitted that the case was registered on the basis of the direction given by this Court.

4.The learned Government Advocate (Crl.side) submitted that the letter sent by the Thasildar to the Investigating Office shows that the document produced is forged one. It is further submitted that the earlier applications were rejected by this Court.

5. Considering the stage of investigation and the natrue of allegation made against this petitioner, this Court is inclined grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate-II, Trichy 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 daily 10.30 am until further orders. https://hcservices.ecourts.gov.in/hcservices/

The second petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7. 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/- 28/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, TRICHY.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3. THE INSPECTOR OF POLICE CITY CRIME BRANCH, TRICHY CITY, TRICHY.

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

+1. CC to M/S.M.SUBASH BABU Advocate SR.No.23397 SR/SAR I : 30.04.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.6733 of 2015 Date :28/04/2015 https://hcservices.ecourts.gov.in/hcservices/