Kumarasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18607 of 2018 KUMARASAMY ... PETITIONER / ACCUSED (RANK NOT KNOWN) Vs STATE REP.BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUNELVELI DISTRICT.

IN CRIME NO.34 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.D.VENKATESH Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU, 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 419, 420, 423, 465, 468, 471 read with Section 120(b) I.P.C, in Crime No.34 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant owns land in Survey No.178/23 to an extent of 2 acres 39 cents. While being so, on 13.10.2015, the first accused with the help of second and third accused impersonated 3 persons in the place of original owners and executed the sale deed in favour of the first accused. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent. He did not commit any offence as alleged by the prosecution. There is no specific overtact as against the petitioner herein. Further, he would submit that the co-accused already granted anticipatory bail by this Court. Hence, he prays for anticipatory bail.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl.Side) 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 No.I, Tirunelveli 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/- 01/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUNELVELI DISTRICT.

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

+1. CC to Mr.D.VENKATESH Advocate SR.No.21017

ORDER

IN CRL OP(MD) No.18607 of 2018 Date :01/11/2018 MS/VR-MMS/SAR-1/09.11.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/