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Madras High CourtCRL OP(MD)/5306/2016ordered

S.Velusamy v. The Inspector Of Police,

2016-03-28Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Eighth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5306 of 2016 1 S.VELUSAMY 2 R.VEERARAJAN ... PETITIONERS/ACCUSED A4 & A5 Vs STATE REP BY THE INSPECTOR OF POLICE, ARUPPUKKOTTAI TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT CR. NO. 105 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.KRISHNASAMY Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.105 of 2016, on the file of the respondent police for offence under Sections 420 and 506(i) of I.P.C., the petitioners are now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent.

3. On a direction issued by this Court in Cr.O.P.(MD).No.3238 of 2016, present F.I.R. has been registered. On a close reading of the F.I.R., it is alleged by the de-facto complainant that the petitioners have sold the properties belonging to them some time in the year 1996 - 2004 by misrepresentation.

4. Taking into consideration the nature of the allegations, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Arupukottai on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of https://hcservices.ecourts.gov.in/hcservices/

the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, (a) the petitioners shall report before the respondent Police daily at 6.30 p.m. until further orders.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 28/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,ARUPUKKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE,VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE, ARUPPUKKOTTAI TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.KRISHNASAMY Advocate SR.No.17086

ORDER

IN CRL OP(MD) No.5306 of 2016 Date :28/03/2016 AA/JGB-DP/SAR-I/31.03.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/