Natarajan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16107 of 2018 NATARAJAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP. BY THE SUB INSPECTOR OF POLICE RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT (CRIME NO.746 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.JOTHI BASU 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 petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 465, 467, 420, 120(b), 294(b) and 506(i) I.P.C, in Crime No.746 of 2017, seeks anticipatory bail.

2.The case of the prosecution is that first accused in the mother of the second accused. The defacto complainant, namely, Radhakrishna Raja is the younger brother of the first accused's husband, namely, S.R.Jeganatha Raja. On 10.09.2014, the said S.R.Jeganatha Raja executed a Will in favour of his grandson/A2 in the presence of notary public. On 02.01.2016, the said S.R.Jeganatha Raja expired leaving behind A1 and A2 as his legal heirs. The second accused has filed a petition in probate O.P.No.1 of 2017 before the Principal District Court, Virudhunagar District at Srivilliputhur. The case of the defacto complainant is that his brother has not executed any Will in favour of other persons. He died under suspicious circumstances. Further, on 04.08.2017, the first and second accused threatened the defacto complainant with dire consequences. Hence, the complaint.

https://hcservices.ecourts.gov.in/hcservices/ 3.Heard the learned counsel appearing for the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the investigation is pending. 5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Rajapalayam and on his 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 petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.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 shall stand dismissed.

sd/- 17/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE RAJAPALAYAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE SUB INSPECTOR OF POLICE RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.M.JOTHI BASU Advocate SR.No. 17679

ORDER

IN CRL OP(MD) No.16107 of 2018 Date :17/09/2018 MSI/PN/SAR-II/24.09.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/