Mayandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.18034 of 2017 MAYANDI ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE THILAGAR THIDAL POLICE STATION, MADURAI CITY, (CRIME NO. 1038/2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.BALAJI Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/A1, who was arrested on 07.11.2017 and remanded to judicial custody on the same day for the offences punishable under Sections 420, 419, 467, 471, 472, 294(b) and 506(i) IPC in Crime No.1038 of 2017 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner in connivance with other accused had created forged documents, based on which, an agreement of sale was registered in respect of a building belonging to the wife of the defacto complainant, which resulted in registration of the present case.

3. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and he is ready to abide by any conditions being imposed by this Court.

4. The learned Government Advocate (Crl.Side) has contended that this is 2nd bail petition filed by the petitioner and the earlier one was dismissed as withdrawn on 06.12.2017 and the investigation of the case is still pending.

5. Taking into consideration the nature of allegations against this petitioner and the fact that there is no change in fact situation after dismissal of the earlier petition for bail, this Court is not inclined to grant the relief as prayed for by the petitioner.

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6. In the result, this Criminal Original Petition stands dismissed accordingly. It is made clear that in the event of the petitioner filing yet another bail petition, he has to implead the defacto complainant as party to the petition and further orders will be passed thereon only after notice to the defacto complainant. sd/- 28/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, THILAGAR THIDAL POLICE STATION, MADURAI CITY. 2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.18034 of 2017 Date :28/12/2017 MKV-PM-PN-SAR 3/3.1.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/