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Madras High CourtCRL OP(MD)/8930/2015allowed

Ramalakshmi v. The Inspector Of Police

2015-06-02Honourable Mr Justice K. Kalyanasundaram2 pages

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.8930 of 2015 1 RAMALAKSHMI 2 NARAYANASAMY 3 MAHALAKSHMI ... PETITIONERS/ACCUSED 1 TO 3 Vs STATE REP BY THE INSPECTOR OF POLICE MASARPATTI POLICE STATION, ETTAYAPURAM TALUK.

TUTICORIN DISTRICT.

CRIME NO. 26 OF 2015.

... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.MURUGAN 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 accused Nos.1 to 3 apprehend arrest at the hands of the respondent police in Crime No.26 of 2015 for the offences under Sections 419, 465, 467 r/w Section 34 of IPC and seek anticipatory bail.

2. The case of the prosecution is that the property in dispute belongs to one Krishnammal, who is the mother of the defacto complainant and she had executed a gift deed in favour of the defacto complainant. While so, the accused had created a document and thereby A1 has settled the property in favour of the second accused and the accused No.4 is the witness to the document and the accused No.5 is the document writer.

3. The learned counsel for the petitioner submitted that the said Krishnammal and the first accused Ramalakshmi are blood sisters and the property was owned by their father and the first accused Ramalakshmi and the executant of the gift deed viz., Krishnammal are having equal right in the property and this document does not relate to the property settled in favour of the defacto complainant. He would further submit that the petitioners are innocent and civil dispute has been given a criminal colour to implicate the petitioners in this case.

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4. Heard the learned Government Advocate (crl. Side).

5. Considering the nature of allegations made against these petitioners and the relationship of the parties, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail on their 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 Judicial Magistrate, Vilathikulam and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. 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, VILATHIKULAM 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT 3 THE INSPECTOR OF POLICE MASARPATTI POLICE STATION, ETTAYAPURAM TALUK.,TUTICORIN DISTRICT.

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

+1. CC to M/S.R.MURUGAN Advocate SR.No.26853 ORDER IN CRL OP(MD) No.8930 of 2015 Date :02/06/2015 NA/AMF/03/06/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/