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Madras High CourtCRL OP(MD)/18870/2021dismissed

Suresh v. The Inspector Of Police

2021-12-02Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.18870 of 2021

1. Suresh

2. Shyam

3. Surabi Yarnini

4. Bharath Kumar ... Petitioners/Accused 1-4 Vs State rep.by The Inspector of Police, Ccb, Madurai City.

(Crime No.36 of 2020).

... Respondent/Complainant For Petitioner : M/s.Chinnasamy S, Advocate.

For Respondent : M/s.P.Kottaisamy, Government Advocate (Crl.Side) For Intervenor : M/s.G.Mariappan, Advocate ' PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.36 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent Police, for the alleged offences punishable under sections 120(B),260, 465, 468 and 471 IPC, in Crime No.36 of 2020, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant and the petitioners are co-sharers and having shares in their ancestral property. In order to grab the property, the petitioners along with other accused colluded together and created the forged documents, suppressing the right of defacto complainant in the property. Hence, the complaint.

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3.The learned counsel appearing for the petitioner submits that this is the second petition filed by the petitioner for anticipatory bail. The earlier petition was dismissed by this Court on 20.10.2021. The petitioners are ready to produce substantial sureties for their due appearance. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) submits that this is the second anticipatory bail petition. Earlier petition filed by the petitioner for anticipatory bail was dismissed considering the nature of offence committed by the petitioners and taking into consideration the manner in which the documents are created and and as on date, there is no change in circumstances.

5. Considering the nature of offence and also taking into consideration the fact that there is no change in circumstances, after the dismissal of earlier petition, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the Criminal Original Petition is dismissed. Sd/- 02/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, CCB, MADURAI CITY.

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

+1. CC to M/S.G.MARIAPPAN, Advocate SR.No.8784

ORDER

IN CRL OP(MD) No.18870 of 2021 Date :02/12/2021 SP/CN/SAR III/10/12/2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/