Madras High CourtCRL OP(MD)/18507/2016ordered

Moorthi v. The Inspector Of Police

2016-09-27Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.18507 and 18509 of 2016 1 RAJATHI 2 PERIASAMY 3 SAMIDURAI ... PETITIONERS/ACCUSED NOS.2,3 & 4 IN CRL OP(MD)No. 18509/2016 MOORTHI ... PETITIONER/ ACCUSED No.1 IN CRL OP(MD)No. 18507/2016 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE VANGAL POLICE STATION, KARUR DISTRICT, CRNO. 41/2016 ... RESPONDENT/COMPLAINANT IN BOTH PETITIONS For Petitioner : M/S.V.SITHARANJANDAS Advocate For Respondent : M/S.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners, who are arrayed as accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 120(b), 420 and 465 IPC in Crime No. 41 of 2016 on the file of the respondent police.

2. The case of the prosecution is that the accused forged the documents to inherit property.

3.Learned counsel for petitioners submits that civil suit in O.S.No.503 of 2015 is pending before the District Munsif, Karur, wherein the petitioner in Crl.O.P.No.18507 of 2016 prayed for relief of specific performance and other incidental reliefs against the first petitioner in Crl.O.P.(MD) No. 18509 of 2016 and others. On receipt of suit summon, the defacto complainant and others have conspired, effected alteration of patta in their favour and executed sale deed and thereafter preferred complaint against the petitioners on 28.01.2016 alleging commission of offences. He would further submit that the first petitioner in Crl.O.P.(MD) NO.18509 of 2016 is aged 80 years.

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4. Heard learned Government Advocate (Crl. Side) appearing for the respondent.

5. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; (a)In the event of arrest by or on appearance before the respondent police;

(b)In the event of appearance before the learned Judicial Magistrate No.II, Karur, within 15 days from the date of receipt of copy of the order, (i)petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; (ii) petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii) petitioner in Crl.O.P.No.18507 of 2016 and the second and third petitioners in Crl.O.P.(MD)No.18509 of 2016 shall appear before the respondent police for 3 days at 10.30.a.m and therafter, as and when required.

sd/- 27/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KARUR.

2 THE CHIEF JUDICIAL MAGISTRATE, KARUR.

3 THE INSPECTOR OF POLICE, VANGAL POLICE STATION, KARUR DISTRICT.

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

+2. CC's to M/S.V.SITHARANJANDAS Advocate SR.No. 56290, 56291 cm JA-SKS-RR-SAR.I/5.10/2016-2P:7C ORDER IN CRL OP(MD) No.18507 and 18509 of 2016 Date :27/09/2016 https://hcservices.ecourts.gov.in/hcservices/