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Madras High CourtCRL OP(MD)/5526/2017ordered

Sudalai, v.

2017-06-01Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.5526 of 2017 SUDALAI ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.276 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.PON KARTHIKEYAN Advocate For Respondent : A.RAMAR Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A5 in Crime No.276 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 465, 467, 468, 471, 419 and 420 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 submitted that the petitioner along with the other accused is alleged to have grabbed the property of the defacto complainant by creating bogus documents. He would further submit that the name of the petitioner is not found place in the FIR and only on the confession of the co-accused, this petitioner has been implicated as accused. He is innocent and he has not committed any offence as alleged in the complaint. 4.The learned Government Advocate appearing for the respondent / Police submitted that on the confession of A1, the petitioner has been subsequently implicated in this case as A5 and that A2 and A3 were arrested and released on bail by this Court in Crl.O.P.(MD).No.18294 of 2016, by order dated 23.09.2016. The petitioner has no bad antecedent. The investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

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 learned Judicial Magistrate No.III, Tirunelveli and on 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 daily 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/- 01/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III TIRUNELVELI. 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.R.PON KARTHIKEYAN Advocate SR.No.23017

ORDER

IN CRL OP(MD) No.5526 of 2017 Date :01/06/2017 MKV-CM-MSA-SAR 4/2.6.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/