Rajkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6351 of 2018 RAJKUMAR ... PETITIONER/ACCUSED No.2 Vs THE STATE REP BY THE INSPECTOR OF POLICE OTTAIPIDARAM POLICE STATION, THOOTHUKUDI DISTRICT CRIME NO.37/2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.PRASANNA VINOTH Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 417, 465, 468 and 420 IPC in Crime No.37 of 2018 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the property stands in the name of the defacto complainant and that the first accused using the similarity of nomenclature has executed power of attorney in favour of A2/the petitioner herein. The petitioner who in turn sold the property in favour of the third accused.

3.The learned counsel appearing for the petitioner submits that the petitioner has in the knowledge as if the first accused is a genuine title holder. It is submitted that the first accused has approached the petitioner to sell his property. 4.In any event, the prosecution case rests only on documentary evidence, this Court is inclined to 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, Vilathikulam, 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 https://hcservices.ecourts.gov.in/hcservices/

satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. 5.The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 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 shall stand dismissed.

sd/- 19/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VILATHIKULAM, THOOTHUKUDI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT 3 THE INSPECTOR OF POLICE OTTAIPIDARAM POLICE STATION, THOOTHUKUDI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.B.PRASANNA VINOTH Advocate SR.No.6652

ORDER

IN CRL OP(MD) No.6351 of 2018 Date :19/04/2018 SMA/PMI/ASVM/25.04.2018:2P/6C https://hcservices.ecourts.gov.in/hcservices/