Madras High CourtCRL OP(MD)/4735/2017ordered

S.Kannan v. The State Through The

2017-04-20Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4735 of 2017 1 S.KANNAN 2 SURESH 3 MURUGAN 4 JANAKI 5 CHELLAPANDI ... PETITIONERS/ACCUSED 1 TO 5 Vs THE STATE THROUGH THE THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, MADURAI, CRIME NO.14 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.R.LAXMAN Advocate For Respondent : MRS.S.PRABHA, 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 A-1 to A-5, in Crime No.14 of 2015 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 468, 471 and 420 of I.P.C and hence, seek anticipatory bail.

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

3. The learned Government Advocate(Crl. Side) on instructions submitted that this is a case of property dispute. The allegation is that by creating forged document, the property belonged to the defacto complainant was sold.

4. The learned counsel appearing for the petitioners submitted that ancestors of the petitioners and ancestors of the defacto complainant are blood brothers and the property originally belonged to the ancestors and the first petitioner had sold away his share https://hcservices.ecourts.gov.in/hcservices/

only and the allegation made against the petitioners are false.

5. Considering the facts and circumstances of the case, this Court is 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 their appearance before the learned Judicial Magistrate No.I, Madurai and on each of them 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 fourth petitioner shall appear before the respondent police as and when required for interrogation and the petitioner Nos.1, 2, 3 and 5 shall produce all the relevant documents before the respondent police and they shall appear before them once in a week ie., on every Monday at 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioners 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/- 20/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, MADURAI.

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

+1. CC to M/S.K.R.LAXMAN Advocate SR.No.20642 PM CSL/BS/SAR-II/24.04.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.4735 of 2017 Date :20/04/2017 https://hcservices.ecourts.gov.in/hcservices/