Isabella v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Third day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18464 of 2018 1 ISABELLA 2 A.KENNEDY ... PETITIONERS/ ACCUSED (RANK NOT KNOWN) Vs 1 STATE REP.BY THE SUB INSPECTOR OF POLICE KALLAKUDI POLICE STATION, LALGUDI TALUK, TRICHY DISTRICT.
... RESPONDENT / COMPLAINANT (*)
2. ILIN MARY, W/O LATE BASKAR @ JOHN BASKAR, 2/112, EB COLONY, ALATHUR, MADURAI.
... PETITIONER/INTERVENOR/DEFACTO COMPLAINANT (*)IMPLEADED AS PER ORDER OF THIS HON`BLE COURT MADE IN CRL MP(MD)NO.8372 OF 2018 IN CRL OP(MD)NO.18464 OF 2018 DATED:23.10.2018 For Petitioners: Mr.P.SIVACHANDRAN, Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor For Intervenor : Mr.G.KARUPPASAMY PANDIYAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 471, 420, 465, 468 and 471 of I.P.C., in Crime No.183 of 2018, seeks anticipatory bail.
2.The case of the prosecution is that the petitioners had been trying to get the legal heir certificate with bogus documents to submit the same before the District Munsif Court, Lalgudi in O.S.No.37 of 2017 for purpose of grabbing the property, since the 1st petitioner filed the said suit seeking declaration that they are the legal heirs of the deceased John Baskar. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioners are innocent persons and they have nothing to do with the commission of offence as alleged by the prosecution. He https://hcservices.ecourts.gov.in/hcservices/
would further submit that civil suits are pending between the parties.
4.The learned Government Advocate (criminal side) submitted that there are civil suits pending as against the petitioners and the defacto complainant and the investigation is pending. 5.The learned counsel appearing for the intervenor would oppose the grant of anticipatory bail to the petitioners. 6.Taking note of the facts and circumstances that there are civil suits pending as against the parties, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Lalgudi, and on each of them executing 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 on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions 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 shall stand dismissed.
sd/- 23/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, LALGUDI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3. THE SUB INSPECTOR OF POLICE KALLAKUDI POLICE STATION, LALGUDI TALUK, TRICHY DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.P.SIVACHANDRAN Advocate SR.No.91118 +1CC TO Mr.G.KARUPPASAMY PANDIYAN, Advocate, Sr No.20065
ORDER
IN CRL OP(MD) No.18464 of 2018 Date :23/10/2018 MS/MMS/SAR-1/13.11.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/