Arivananal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of April Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.7566 of 2015 ARIVANANAL ... PETITIONER / ACCUSED No.4 Vs THE INSPECTOR OF POLICE DINDIGUL SOUTH CITY POLICE STATION, DINDIGUL DT, CRIME NO.369/2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.S.SWAMINATHAN 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 is A4 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 120(B), 468, 471, 406 and 420 of IPC, in Crime No.369 of 2014 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the accused have sold the property belonging to TELC comprised in T.S.No.435 bearing Door No.10, Muniyappan Kovil Street, Dindigul.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. It is further submitted that even according to the complaint, A1 and A2, namely H.A.Martin and R.Pushparaj had sold the property and since, the petitioner is the Pastor of the Church, he has been falsely implicated in this case and no specific overtact is attributed against the petitioner.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the investigation is almost completed and the alleged property sold by the accused is worth about Rs.1,36,25,000/-. 5.However, considering the facts and circumstances of the case and also considering the overtact attributed against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. The other accused shall not take advantage of this case.

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.III, Dindigul 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 the petitioner shall appear before the respondent police daily at 10.00 a.m. https://hcservices.ecourts.gov.in/hcservices/

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/- 29/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III DINDIGUL 2 -Do-Thro THE CHIEF JUDICIAL MAGISTRATE DINDIGUL 3 THE INSPECTOR OF POLICE DINDIGUL SOUTH CITY POLICE STATION, DINDIGUL DISTRICT.

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

+1cc to M/s.B.S.Swaminathan, Advocate in SR.No. 24371 SM:05.05.2015:2P/6C er

ORDER

IN CRL OP(MD) No.7566 of 2015 Date :29/04/2015 https://hcservices.ecourts.gov.in/hcservices/