V.Pulipandyan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.258 of 2017 1 V.PULIPANDYAN ...Petitioner/Accused (Rank not Known) Vs State,rep.by THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THANJAVUR ... RESPONDENT /COMPLAINANT For Petitioner : M/S.M.KARUNANITHI Advocate For Respondent :P.Kandasamy, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Crl.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 406, 419, 423, 465, 468, 471, 420 and 120-B of IPC., in Crime No.28 of 2016, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner/A6, without verifying the genuineness of the document simply registered the same.
3. The learned counsel appearing for the petitioner states that the petitioner is arrayed as A6 in this case, who is the SubRegistrar and he has registered the disputed documents executed by A1 in favour of A2. He would further states that the said Deed was presented before the Sub-Registrar, for registration and on compliance of the rules and regulations the petitioner registered the same. The counsel for the petitioner further states that the genuineness of a person or title cannot be gone into by the petitioner/Sub-Registrar, as per the 'Circular Memorandum' issued by the Office of the Director General of Police, (Law and Order), on the basis of the communication issued by the Inspector General of Registration, Chennai.
4. The learned Government Advocate (crl.side) appearing for the respondent states that totally there are six accused in this case and the petitioner is not named in the FIR and he has been implicated, as per the confession given by A2, who was arrested and released on bail. A1 and A3 were arrested and they are in custody. https://hcservices.ecourts.gov.in/hcservices/
It is further stated that A1 impersonated himself as owner of the property has sold the sale deed to A2, which is registered by the petitioner herein without following any norms. The case is based on records.
5. Considering the above facts and circumstances of the case, 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, before the learned Judicial Magistrate, Thiruvaiyaru, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the respondent weekly once i.e., on every Sunday at 10.30 a.m., until further orders, for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously.
6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 18/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 JUDICIAL MAGISTRATE THIRUVAIYARU, 3 THE CHIEF JUDICIAL MAGISTRATE THANJORE DISTRICT.
3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THANJAVUR 4 ADDITIONAL PUBLIC PROSECUTOR, MADURAI.
+1. CC to M/S.M.KARUNANITHI Advocate SR.No.2938 MPK sm:SS3-SAR.1-2P-6C-20.01.2017
ORDER
IN CRL OP(MD) No.258 of 2017 Date :18/01/2017 https://hcservices.ecourts.gov.in/hcservices/