Senthilnathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Senthilnathan ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Aaravayal Police Station, Sivagangai District (Crime No.64 of 2019). ... Respondent/Complainant V.Karmegam ... Petitioner/Intervener IN CRL MP(MD)No.7645/2019 For Petitioner : M/s.M.Jegadeesh Pandian, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervenor : Mr.D.Sadiq Raja Advocate.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.64 of 2019 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner who is figuring as the sole accused in Crime No.64 of 2019 on the file of the respondent police registered for the offences punishable under sections 294(b), 468, 471, 420 and 506(1) of I.P.C., apprehending arrest at the hands of the respondent police, this Criminal Original petition has been filed. 1/3

2. This Court heard the learned counsel appearing for the petitioner and the learned counsel appearing for the intervenor and the learned Government Advocate(Crl. Side) appearing for the respondent.

3. It is seen that there is a serious civil dispute between the defacto complainant and one Palanikumar. The defacto complainant has filed O.S.No.131 of 2012 on the file of the District Munsif, Devakottai, against the said Palanikumar. The same was decreed on 02.03.2015. The allegation of the defacto complainant is that the sad Palanikumar sold the property in favour of Kavitha,namely, the wife of the petitioner. As on date, the property is standing in the name of Kavitha. It is seen that the petitioner had also filed a writ petition before this Court. It is seen that Kavitha has filed O.S.No.139 of 2018 on the file of the Sub Court, Devakottai.

4. The case against the petitioner rests only on documentary evidence and therefore, the arrest of the petitioner is not really warranted.

5. In view of the above, I am 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, Devakottai 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/- 05/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE, DEVAKOTTAI, SIVAGANGAI DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 3.THE INSPECTOR OF POLICE AARAVAYAL POLICE STATION, SIVAGANGAI DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.JEGADEESH PANDIAN Advocate SR.No.15095

ORDER

IN CRL OP(MD) No.10764 of 2019 Date :05/09/2019 PMU PK/VR/SAR2-/10.09.2019 : 3P/6C 3/3