Karthikeyan, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16162 of 2017 1 KARTHIKEYAN, 2 SRINIVASAN, 3 V.R.CHIDAMBARAKUTHALAN, ... PETITIONERS/ACCUSED Nos.4,5 & 7 Vs THE STATE REP BY THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TIRUNELVELI DISTRICT.
(CRIME NO.29 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioners : M/S.S.SATHYA CHIDAMBARAM Advocate For Respondent : MR.K.ANBARASAN,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.4, 5 & 7, apprehending arrest at the hands of the respondent police for the offence punishable under Sections 419, 420, 465, 467, 468, 471, 120 (b) of IPC in Crime No.29 of 2016, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the defacto complainant's husband purchased a property. After purchasing the said property, he went to abroad. Thereafter, A1 given two false paper publications to show that the said original title deed was missing and created a forgery sale deed in favour of A1. A2 created another forgery mortgage deed in favour of A3 and got Rs.30,000/- from him. The above deed, were registered by the A2, who is Sub Registrar and other accused helped to A1 for the above crime. 3.The learned counsel appearing for the petitioner would submit that the petitioners did not commit any offence as alleged by the prosecution. They only acted as witness in the said sale deed. A7 who is the document writer has not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal side) would submit that the petitioners are arrayed as A4,5 and 7. A2 was released on anticipatory bail by the Lower Court.
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5.Considering the facts and circumstances of the case and also considering the submissions made by the learned Government Advocate (Crl.Side), I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are 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.IV, Tirunelveli, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each 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 petitioners shall appear before the respondent police daily at 10.00 a.m., until further orders;
(ii) the petitioners shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;
(iii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iv) the petitioners shall not abscond either during investigation or trial;
(v) the petitioners shall not commit any offence while on bail; (vi) On breach of any of the aforesaid conditions, the learned Magistrate/trial Court is entitled to take appropriate action against the petitioners in accordance with law and the anticipatory bail granted stands cancelled automatically. sd/- 08/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.SATHYA CHIDAMBARAM Advocate SR.No.35917
ORDER
IN CRL OP(MD) No.16162 of 2017 Date :08/12/2017 SMA/RR/SAR-3/13.12.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/