Madras High CourtCRL OP(MD)/5698/2022ordered

Salai. Gnanadasan v. The Inspector Of Police

2022-06-02Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/06/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI Salai. Gnanadasan, .. Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, District Crime Branch, Land Grabbing Special Wing, Pudukkottai.

(Crime No.19 of 2021).

.. Respondent/Complainant Salai Monadasan ..Intervenor/De-Facto Complainant in Crl MP(MD)No.4226 of 2022 For Petitioner : MR.A.Arul Jenifer, Advocate. For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) For Intervenor : Mr.N.Mohideen Basha,Advocate in Crl MP(MD)No.4226 OF 2022 PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.19 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, who was arrested and remanded to judicial custody on 28.02.2022 for the offences punishable under Section 419, 420, 448, 464, 468 and 471 of IPC in Crime No.19 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are brothers, in order to grab the defacto complainant's self acquired property, the petitioner had created false documents as if he is residing in the defacto complainant's house and also by using that documents, the petitioner received a sum of Rs.5,50,000/- from others and also criminally intimidated the defacto complainant through phone. Hence, the complaint. 3.When the matter was taken up for hearing on 22.04.2022, the learned counsel for the petitioner has filed an undertaking 1/3

affidavit sworn by the petitioner, wherein, the petitioner has specifically given an undertaking that he was ready to deposit the alleged advance amount without prejudice to his defense and the learned counsel for the intervenor also has no objection to grant interim bail on deposit of the said amount. Hence, on 22.04.2022 this Court has granted interim-bail to the petitioner on some conditions, particularly, the petitioner shall surrender back to the District Prison, Pudukkottai by 5.00 p.m., on 03.06.2022. 4.The petitioner has filed Crl.M.P.(MD)No.6251 of 2022 to modify the conditions, particularly, condition No.D, ie., the petitioner shall surrender back to the District Prison, Pudukkottai by 5.00 p.m., on 03.06.2022.

The learned counsel for the petitioner has submitted that the petitioner has abide the conditions till today, and he prays to modify the said condition No.D and he prayed that the petitioner may be released on regular bail. 5.The learned Additional Public Prosecutor would submit that as on date, the petitioner is not having any previous cases. 6.The learned counsel for the intervenor submitted that the petitioner served the copy of the deposit receipt only today.

7. Considering the above facts and circumstances and also in view of the compliance of the conditions, particularly, deposit of the said amount of Rs.5,50,000/-, cancelling condition No.D alone, this Court is inclined to grant bail to the petitioner on certain conditions.

8. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 No.II, Pudukkottai and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. Accordingly, connected Crl.M.P(MD)Nos.4226 of 2022 and 6251 of 2022 are ordered. sd/- 02/06/2022 / TRUE COPY / 02/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, PUDUKKOTTAI.

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DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.

3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, LAND GRABBING SPECIAL WING, PUDUKKOTTAI.

4 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADRUAI.

+1. CC to MR.A.ARUL JENIFER, Advocate SR.No.5176(I)

ORDER

IN CRL OP(MD) No.5698 of 2022 Date :02/06/2022 PKP/VR/SAR-3/02.06.2022/3P/7C 3/3