V. Munisamy v. The Inspector Of Police

CRL OP(MD). No.13428 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.13428 of 2019 V. Munisamy ... Petitioner/Accused No.1 Vs The Inspector of Police, B-3, Teppakulam Police Station (Crime), Madurai City, Madurai.

(Crime No. 270 of 2019). ... Respondent/Respondent For Petitioner : M/s. A.Ilaya Perumal, Advocate. For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervener : No Appearance PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 270 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 420, 406, 506(i) of I.P.C., in Crime No. 270 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. On the earlier occasions, this Court heard the learned counsel for the intervener. This Court also directed the prosecution to obtain expert opinion regarding the authenticity of the signature attributed to the petitioner in the disputed agreement.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.13428 of 2019 4.The learned Government Advocate states that opinion is still awaited.

5.Be that as it may, it is seen that the transaction dates back to the year 2013. The case against the petitioner rests on documentary evidence. The petitioner is a senior citizen aged about 67 years. Arresting him is not going to advance the cause of investigation.

6. In view of the above, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Madurai, 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.

7. 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/- 24/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE No.I, MADURAI.

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

3. THE INSPECTOR OF POLICE, B-3, TEPPAKULAM POLICE STATION (CRIME), MADURAI CITY, MADURAI.

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

+1 CC to M/s.ILAYA PERUMAL, Advocate ( SR-1407[I] dated 24/01/2020 ) ORDER IN CRL OP(MD) No.13428 of 2019 Date :24/01/2020 PNN TE/VR/SAR-II : 30/01/2020 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2