C.K. Rajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.8734 of 2018 C.K. RAJAN ... PETITIONER / ACCUSED No.4 Vs STATE THROUGH THE INSPECTOR OF POLICE THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT IN CR NO. 392 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.V.SANTHAKUMARESAN Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner / accused no.4 apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 426, 468, 417, 419, 423, 424, 464, 465, 470, 466 and 474 of I.P.C. in Crime No.392 of 2018. He seeks anticipatory bail. The petitioner is figuring as 4th accused.

2.Heard the learned counsel appearing for the petitioner. 3.The de facto complainant is one Pitchaikani. Even according to the First Information Report impersonation and fabrication of documents appears to have been taken place on 31.12.1995, the First Information Report itself was registered after a gap of almost 23 years.

4.The petitioner submits that the First Information Report was registered pursuant to the direction issued under Section 156 (3) of Cr.P.C. According to the petitioner, the de facto complainant is also residing in the very same village and he is fully aware of the fact that the de facto complainant is in possession and enjoyment of the property in question.

https://hcservices.ecourts.gov.in/hcservices/ 5.Taking note of the facts and circumstances of the case and also considering the fact that the First Information Report has been

registered after a lapse of 23 years, 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 District Magistrate No.II, Sivakasi, 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 as and when required for interrogation. The petitioner shall comply with the conditions 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 shall stand dismissed.

sd/- 06/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAKASI, VIRUDHUNAGAR DISTRICT 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.V.SANTHAKUMARESAN Advocate SR.No.9619 TSG JAM/11/06/2018/ CSL-RR /RNB/ 2P-6C

ORDER

IN CRL OP(MD) No.8734 of 2018 Date :06/06/2018 https://hcservices.ecourts.gov.in/hcservices/