A.Kavery v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15624 of 2017 A.KAVERY ... PETITIONER/ACCUSED No.3 Vs THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TRICHY DISTRICT.
CRIME NO.52/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.SUNDAR, Advocate For Respondent : MR.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.3, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(B), 467, 468, 471 and 420 of I.P.C., in Crime No. 52 of 2017, seeks anticipatory bail.
2.The case of the prosecution is that originally, the property belongs to one Gnananandam/defacto complainant's father. The petitioner impersonated one Gnananandam and executed the sale deed in favour of A1 and A2. The petitioner/A3 is arrayed as a witness in the particular document. Aggrieved the same, the defacto complainant filed a complaint before the respondent police. 3.The learned counsel for the petitioner submitted that he is innocent and he did not commit any offence as alleged by the prosecution. Based on the request of the document writer, he arrayed as a witness in the particular document. He further submitted that the learned Judicial Magistrate No.6, Trichy, already granted bail to the petitioners/A1 and A2 in Cr.M.P.No.3856 of 2017, on 13.11.2017 and Cr.M.P.No.3975 of 2017, on 21.11.2017. 4.The learned Government Advocate (Crl.side) appearing for the State submitted that the petitioner is a main culprit for impersonating the Gnananandam, after receiving a sum of
Rs.17,00,000/- from the Petitioners/A1 and A2. However, the petitioner/A3 is arrayed as a witness in this case. He fairly conceded that the petitioners/A1 and A2 were already released on bail, now the present petitioner is A3.
5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.6, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(i) the petitioner shall report before the respondent police, daily twice, at morning 10.30 a.m and evening 5.30 p.m, until further orders; (ii) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(iii) the petitioner shall not commit any offence while on bail;
(iii) the petitioners shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;
(vi) the petitioner shall not abscond either during investigation or trial;
(v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law and the anticipatory bail granted stands cancelled automatically.
sd/- 05/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.VI, TRICHY 2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY 3 THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.R.SUNDAR, Advocate SR.No.35585
ORDER
IN CRL OP(MD) No.15624 of 2017 Date :05/12/2017 PK/RR/SAR-3/11.12.2017 : 3P/6C