Muniyandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7326 of 2015 1 MUNIYANDI 2 M. MUTHURAMALINGAM 3 M. JOTHILAKSHMI ... PETITIONERS / ACCUSED NOS.1,2 & 5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SOUTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DT, CRIME NO.668/2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.SUDALAIYANDI 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 petitioners, who are arrayed as A1, A2 and A5 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 420, 406 and 506(i) of IPC, in Crime No.668 of 2014 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the brother of A1 died and the accused joining together, created documents to defeat the right of the de-facto complainant , who is the sister-in-law of A1. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The learned counsel further submitted that A3 and A4 were already granted anticipatory bail by this court in Crl.O.P(MD)No.20717 of 2014, dated 19.01.2015 and A2 cancelled the sale deed executed in favour of A5 and also produced the copy of the cancellation of sale deed, dated 25.05.2015. 4,The learned Government Advocate (Criminal side) submitted that the brother of A1 died long back and to defeat the right his wife, the accused had fabricated documents.

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5.Considering the fact that A2 already cancelled the sale deed executed in favour of A5, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate , Rajapalayam and on each of them, 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 the petitioners 1 and 3 shall appear before the respondent police as and when required for interrogation and the 2nd petitioner shall appear before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners 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/- 02/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,RAJAPALAYAM.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4.THE INSPECTOR OF POLICE SOUTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

+1. CC to M/S.K.SUDALAIYANDI Advocate SR.No.27253

ORDER

IN CRL OP(MD) No.7326 of 2015 Date :02/06/2015 RG.08.06.2015 2P.6C.

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