P.Subramani, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22755 of 2018 P.SUBRAMANI ... PETITIONER / ACCUSED No. 7 Vs STATE REP. BY THE INSPECTOR OF POLICE, VADAMADURAI POLICE STATION, VEDASANDUR TALUK, DINDIGUL DISTRICT.

IN CR.NO.597/2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.V.BASKARAN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 465, 468, 471 and 420 I.P.C, in Crime No.597 of 2018, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had involved in the registration of fraudulent power of attorney deeds. All the accused had sold the properties by using fraudulent registered power of attorney deeds and they got illegal gain. Hence the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is aged about 73 years and he has not committed any offence as alleged by the prosecution. He would further submitted that the other accused persons were got anticipatory bail by this Court in Crl.O.P.(MD)No.456 of 2019.

4.Heard the learned Government Advocate (Criminal Side) for the respondent.

5. Considering the facts and circumstances of the case and also

considering the undertaking given by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Vedasandur, Dindigul District, 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 said Magistrate, on further condition that: [a] the petitioner shall appear before the respondent police daily at 10.30.am, until further orders.

[b] if the petitioner failed to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 23/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VEDASANDUR, DINDIGUL DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE, VADAMADURAI POLICE STATION, VEDASANDUR TALUK, DINDIGUL DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.V.BASKARAN Advocate SR.No. 1224

ORDER

IN CRL OP(MD) No.22755 of 2018 Date :23/01/2019 MSI/VR/SAR-III/28.01.2019-3P/6C