Madras High CourtCRL OP(MD)/3633/2017ordered

Savarimuthu, v. The Inspector Of Police,

2017-04-10Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3633 of 2017 SAVARIMUTHU ... PETITIONER/ACCUSED NO.2 Vs STATE REP.BY, THE INSPECTOR OF POLICE, CHECKANURANI POLICE STATION, MADURAI.

CRIME NO.86 OF 2017 ... RESPONDENT/COMPLAINANT V.RAJA ... INTERVENER/DEFACTO COMPLAINANT For Petitioner : M/S.M.KARUNANITHI Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) For Intervener : M/S.K.SAFAR BADHUSHA, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.2 in Crime No. 86 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420, 468, 471, 294(b) and 506(i) IPC and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State.

3. The learned counsel for the petitioner would submit that the petitioner is a Catholic prisest and in order to grab the petitioner's property the defacto complainant has threatened the petitioner and he lodged a false complaint.

4.It is seen from the records that the property in dispute has been registered in the year 1989 and subsequently in the year 1993, the defacto complainant has sold another property where the property https://hcservices.ecourts.gov.in/hcservices/

in dispute forms one of the boundaries which stands in the name of the present petitioner. Now after the period of nearly 28 years, the petitioner has come forward with the present complaint stating that the documents were forged.

5.Considering the 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 Judicial Magistrate No.II, Usilampatti, and on his executing 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police once in a week i.e on every Monday at 10.30 a.m until further orders. 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 made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 10/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,USILAMPATTI, MADURAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE, CHECKANURANI POLICE STATION, MADURAI.

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

+1. CC to M/S.M.KARUNANITHI Advocate SR.No.19964 +1. CC to M/S.K.SAFAR BADHUSHA, Advocate SR.No.19931 CM CSL/PM-PN/SAR-II/17.04.2017 : 2P/7C

ORDER

IN CRL OP(MD) No.3633 of 2017 Date :10/04/2017 https://hcservices.ecourts.gov.in/hcservices/