T.Rathinasankar, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7555 of 2015 T.RATHINASANKAR ... PETITIONER/ACCUSED No.4 Vs STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, (DCB), THOOTHUKUDI DISTRICT.

(CRIME NO.19 OF 2015). ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.LAJAPATHI ROY 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 arrayed as A.4, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 447 and 465 I.P.C. in Crime No.19 of 2015, on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the accused 1 and 2, who are father and son have created a settlement deed and thereafter sold the property to the third accused. The allegation against the petitioner is that he was working as a Deputy Tahsildar and he issued patta in favour of the first accused.

3. The learned Counsel for the petitioner submitted that the petitioner did not have any role in the offence committed by the accused 1 to 3 and he issued patta on the basis of the registered documents. It is further submitted that the defacto complainant has filed a suit in O.S.No.113 of 2015 and the same is pending and he has also filed an appeal against the issuance of patta before the lower Appellate Authority.

4. The learned Government Advocate(Crl.Side) submitted that the https://hcservices.ecourts.gov.in/hcservices/ first accused was arrested and released on bail and A.2 was already

granted anticipatory bail by the Sessions Court, Tuticorin and the third accused is still absconding.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Thoothukudi District and on his 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 at 10.00a.m. until further orders. The 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/- 22/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,THOOTHUKUDI DISTRICT. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,THOOTHUKUDI. 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, (DCB), THOOTHUKUDI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.T.LAJAPATHI ROY Advocate SR.No.21263 ORDER IN CRL OP(MD) No.7555 of 2015 Date :22/04/2015 PA/27.04.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/