← Library
Madras High CourtCRL OP(MD)/15990/2018ordered

Selvaraj Moses, v. The Inspector Of Police,

2018-09-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15990 of 2018 1 SELVARAJ MOSES 2 THIVAKARAN ... PETITIONERS / ACCUSED NO. 4 & 5 Vs STATE REPRESENDED BY THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME.NO.106 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : MR.K.PRABHU Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 419, 420, 467, 468, 471, 474 and 120(B) of I.P.C in Crime No.106 of 2018, seek anticipatory bail.

2. The case of the prosecution is that totally there are five accused in this case. These petitioners are arrayed as A-4 and A-5. Further alleged that the de-facto complainant and his brother and sisters alone have absolute owner of the property. The above said property was originally in the name of de-facto complainant's mother. In the name of similarity, the accused Nos.1 to 3 have created a forged documents and impersonate the same and sold to second petitioner for a valuable consideration. After purchased the properties, the company namely, Porpoise Realtors Private Limited Mortgaged the property to one Dewan Finance Corporation Limited at Mumbai. Hence, the complaint.

3. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 5.Taking note of the facts and circumstances, this Court is

inclined to grant anticipatory bail to the petitioners/A-4 and A-5 with certain conditions. The petitioners/A-4 and A-5 shall deposit jointly a sum of Rs.5,00,000/-(Rupees five lakhs only) to the credit of Crime No.106 of 2018, before the learned Judicial Magistrate, Srivaikundam, and on such deposit the petitioners/A-4 and A-5 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Srivaikundam and on their executing 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 on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m until further orders. The petitioners/A-4 and A-5 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioners/A-4 and A-5 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/- 11/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ,SRIVAIKUNDAM.

2 THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI.

3 THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.PRABHU Advocate SR.No.17370 PSJC/SAR-2;18/09/2018:2P/6C

ORDER

IN CRL OP(MD) No.15990 of 2018 Date :11/09/2018 https://hcservices.ecourts.gov.in/hcservices/