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Madras High CourtCRL OP(MD)/9356/2018granted

Emerson, S/O.Alexander, v. The Inspector Of Police

2018-06-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9356 of 2018 EMERSON ... PETITIONER/ACCUSED No.5 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TIRUNELVELI DISTRICT.

CR.NO.11 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : MR.V.SASI KUMAR, Advocate For Respondent : MR.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(B), 419, 465, 468, 471 and Section 420 I.P.C., in Crime No.11 of 2018, seeks anticipatory bail.

2.Heard the learned counsel appearing on either side. 3.The defacto complainant is one Michael Xavier. The petitioner herein is said to have sold the property in question in favour of the defacto complainant, Vide Doc.No.4803 of 2011. It is seen that the petitioner himself has purchased the property in question from the fourth accused, Vide Document No.5034 of 2010. It is obvious like the defacto complainant, the petitioner is also a victim. 4.Taking note of the facts and circumstances, 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, Valliyuoor and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties https://hcservices.ecourts.gov.in/hcservices/

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.

5.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/- 11/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TIRUNELVELI DISTRICT.

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

+1. CC to MR.V.SASI KUMAR, Advocate SR.No.10194

ORDER

IN CRL OP(MD) No.9356 of 2018 Date :11/06/2018 PK/RR-CSL/ASVM/13.06.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/