Murugesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.56 of 2017 MURUGESAN ...PETITIONER/1st ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE SIVAGANGAI D.C.B.POLICE STATION, SIVAGANGAI (CRIME NO.52 OF 2014) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK, Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/first accused, who was arrested and remanded to judicial custody on 08.12.2016 for the alleged offences punishable under Sections 419, 463, 467, 468, 471, 420, 120(b) of IPC., in Crime No. 52 of 2014 on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that the defacto complainant Pethayee is the original owner of the property and without her knowledge, the accused persons created a forged records and alienating the above mentioned property.

3.The learned counsel appearing for the petitioner states that the petitioner purchased the property for sale consideration from the defacto complainant herein and in turn sold the same in favour of A2 by the sale deed dated 28.06.2013. He further contends that the petitioner only bonafide purhcaser and he has purchased the above property through land brokers and believing their words, puchased the above property by the sale deed, dated 31.07.2012 for Rs.16,000/-.

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4. The learned Government Advocate(Crl. Side) appearing for the respondent states that totally there are two accused in this case.

The petitioner is A1 and co-accused A2 was granted anticipatory bail by the concerned Sessions Judge and the petitioner was arrested on 08.12.2016 and he is in custody and he is not having any previous case. Investigation was almost completed in this case and final report yet to be filed.

5.Considering the above facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 08.12.2016, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on each 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 Judicial Magistrate No.II, Sivagangai and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders.

sd/- 01/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE No.II, SIVAGANGAI 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE OFFICER INCHARGE DISTRICT PRISON, SIVAGANGAI.

5 THE INSPECTOR OF POLICE SIVAGANGAI D.C.B.POLICE STATION, SIVAGANGAI +1. CC to M/S.M.S.JEYAKARTHIK, Advocate SR.No.5539

ORDER

IN CRL OP(MD) No.56 of 2017 Date :01/02/2017 AM/JM/SAR-3/01.02.2017/2P/7C https://hcservices.ecourts.gov.in/hcservices/