S.Samynathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. S.Samynathan,
2. R.Murugesan, ... Petitioners/Accused Nos. 2 & 3 Vs State Rep.by The Inspector of Police, Anti Land Grabbign Special Cell, District Crime Branch, Madurai (Crime No. 15 of 2022).
... Respondent/Complainant For Petitioners : Mr.T.Palanisamy,Advocate.
For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.15 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/A2 and A5, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 420,465,467,468 and 471 of IPC in Crime No.15 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant the petitioners herein by forging the legalheir and death certificate of the first accused created forged document and sold the same to the second petitioner herein and he received information 1/3
with regard to the aforesaid forgery through Right to Information Act. Based on the above said complaint, a case has been registered . 3.The learned counsel for the petitioners would submit that the petitioners have been falsely implicated in this case. Now the first and fourth accused were arrested to remanded to custody the co -accused namely A3 and A6 were granted anticipatory bail by this Court.
4.The learned Government Advocate (Crl.Side) submitted that the investigation is pending.
5. Considering the fact that the allegation is only as against the first accused and the petitioners seems to the purchaser of the property based on the above said fake document and whether the petitioners purchased the property with the full knowledge of the fake document, is only a matter for investigation. For that purpose the petitioners have to appear before the respondent police and cooperate with the progress of investigation. Further the fifth accused is only attestor to the said document and he may not be aware of the said forged document created by the first accused, hence 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, before the learned Special Magistrate, Anti Land Grabbing Court, Madurai on condition that the petitioners shall execute a 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 the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioners 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 stands dismissed.
sd/- 02/09/2022 / TRUE COPY / 08/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE SPECIAL MAGISTRATE ANTI LAND GRABBING, MADURAI.
2 THE INSPECTOR OF POLICE ANTI LAND GRABBIGN SPECIAL CELL, DISTRICT CRIME BRANCH, MADURAI THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.T.PALANI SAMY, Advocate ( SR-9606[I] dated 05/09/2022 )
ORDER
IN CRL OP(MD) No.10824 of 2022 Date :02/09/2022 aav PKP/SVR/SAR-2/08.09.2022/3P/5C 3/3