P Alagusundaram v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. P Alagusundaram,
2. Perumal Mathimalar, ... Petitioners/Accused Nos. 2 & 4 Vs The Inspector of Police, City Crime Branch, Tirunelveli City Crime No. 2 of 2024.
... Respondent/Complainant For Petitioners : Mr.Anand R.,Advocate.
For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No. 2 of 2024 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police in connection with the case in Crime No.2 of 2024 for the offence Sections 465, 467 and 1/4
468 of IPC , have filed this petition, seeking anticipatory bail.
2. The case of the prosecution is that the defacto complainant is the owner of the property and he obtained the property by way of Will from his father-in-law. Subsequently, A1 to A4, who is the brother-in-law of the defacto complainant executed a sale deed in favour of A5 by creating forged documents, in which, A6 & A7 stood as witnesses.
3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Crl. Side) appearing for the respondent submits that the investigation is still pending. He further submits that co-accused/ A1, 3,5 & 6 in this case were granted anticipatory bail in Crl.O.P.(MD)No.2388 of 2024, on 15.02.2024. The petitioners herein are arrayed as A2 and A4.
5. Considering the facts and circumstances of the case, nature of offence and considering the fact that co-accused have already been granted anticipatory bail , this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is allowed and 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 2/4
concerned learned Judicial Magistrate, on condition that: (i) the petitioner executes a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand), with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tirunelveli;
(ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; (iii) The first petitioner shall appear before the respondent police daily at 10.30 am until further order and the second petitioner shall appear before the respondent police as and when required by the respondent police. They have to co-operate for the investigation.
(iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 29/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
3/4
LS TO THE JUDICIAL MAGISTRATE NO.I TIRUNELVELI.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
THE INSPECTOR OF POLICE CITY CRIME BRANCH TIRUNELVELI CITY THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.6574 of 2024 Date :29/04/2024 PKP/JGB/SAR /08.05.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4