S.Rajesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN S.Rajesh ... Petitioner/Accused No.10 Vs The State rep.by, The Inspector of Police, District Crime Branch, Thoothukudi, Thoothukudi District.
Cr.No.9/2022.
... Respondent/Complainant For Petitioner : Mr.N.Pragalathan Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.9/2022 on the file of the respondent police ORDER : The Court made the following order :- The petitioner is facing charges under Sections 406, 409, 467, 468, 471, 472, 420 and 120(b) IPC in Crime No.9 of 2022 on the file of the respondent police.
2.The petitioner was working as Sub-Registrar during the registration of the disputed documents. Reading of the FIR shows that by creating a false patta, settlement deed was executed between the co-accused persons. Based upon the aforesaid settlement deed that was mortgaged with the respondent Bank, loan was obtained. When that was brought to the notice of the respondent Bank, the present case has been registered.
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3.The learned Additional Public Prosecutor (Crl. Side) for the respondent submitted that the aforesaid settlement deed is a fake one. It is also seen that subsequent to the aforesaid settlement deed, a sale deed has been executed between the parties and this petitioner alleged to have registered the aforesaid sale deed without verifying the parent document. He would further submit that A4 and A11 were arrested and later, they were released on bail. 4.Whether the parent document is genuine one or not is a matter for investigation. It is seen that based upon the forged patta, the aforesaid settlement deed came to be executed and subsequently, sale deed was also executed.
5.Considering the limited role that has been played by this petitioner and considering the fact that the petitioner was working as Sub-Registrar during the registration of the disputed documents and whether he is involved in the aforesaid criminal conspiracy is a matter for investigation, this Court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.4, Thoothukudi, on condition that the petitioner shall execute 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 the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders and cooperate with him to complete the process of investigation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7.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 stands dismissed.
sd/- 27/06/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
MM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.JUDICIAL MAGISTRATE NO.4, THOOTHUKUDI.
2.THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.
3.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THOOTHUKUDI, THOOTHUKUDI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.PRAGALATHAN N Advocate SR.No.6233
ORDER
IN CRL OP(MD) No.11379 of 2022 Date :27/06/2022 RK/JM/SAR-II/08.07.2022 : 4P/6C 3/3