Mariyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifteenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9361 of 2015 MARIYAPPAN ... PETITIONER/ACCUSED NO.5 Vs STATE REP BY THE INSPECTOR OF POLICE UMACHIKULAM POLICE STATION MADURAI DISTRICT IN CRIME NO. 652 OF 2012 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.MUTHALRAJ Advocate For Respondent : M/S.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.5, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 420, 467, 471 r/w 120(b) I.P.C. in Crime No.652 of 2012, on the file of the respondent police and hence, seeks anticipatory bail.

2.According to the defacto complainant, the accused have joined together and fabricated the document to grab his property. 3.The learned Counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. It is further submitted that even as per the defacto complainant, the petitioner had assisted the three accused for transfer of revenue records and thereafter entered into an agreement to purchase the property. He further submitted that similarly placed co-accused were already granted on anticipatory bail by this Court in Crl.O.P.(MD)NO.11910 of 2012, dated 06.09.2012.

4. The learned Government Advocate (Crl.Side) submitted that the investigation is completed and the respondent has to file charge sheet.

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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.II, Madurai, Madurai 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 06.00 p.m. for a period of two weeks and thereafter, as and when required for interrogation. 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/- 15/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II MADURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE UMACHIKULAM POLICE STATION MADURAI DISTRICT +1. CC to M/S.NA.PALANIYANDI, Advocate SR.No.31028 RL/6 C- 17/6/2015

ORDER

IN CRL OP(MD) No.9361 of 2015 Date :15/06/2015 https://hcservices.ecourts.gov.in/hcservices/