A. Kennedy v. The Inspector Of Police
CRL OP(MD). No.14421 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2020 PRESENT The Hon'ble Mr.Justice G.R.Swaminathan CRL OP(MD). No.14421 of 2019 A.Kennedy ... Petitioner/Accused No.1 Vs.
The State rep.by The Inspector of Police, District Crime Branch, Trichirappalli, Crime No.18/2019.
... Respondent/Complainant For Petitioner : Mr.C.M.Arumugam For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :-For Anticipatory Bail in Crime No.18 of 2019 on the file of the respondent.
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 419, 420, 423, 465, 467, 468, 471 of IPC in Crime No.18 of 2019 on the file of the respondent police, seeks anticipatory bail. 3.The defacto complainant alleges that forgery and impersonation have been committed and the property that is standing in his name, has been fraudulently settled in favour of one Kennedy who is his elder brother/A1 in this case.
4.The learned Government Advocate (crl.side) submitted that expert opinion was obtained and it clearly indicates that the thumb impression of the defacto complainant and the thumb impression in the ledger of the department are not tallied. Therefore, he submitted that there is material to show that there is a case of impersonation.
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CRL OP(MD). No.14421 of 2019 5.However, taking note of the relationship between the parties and since the case entirely rests on documentary evidence, I am inclined to grant anticipatory bail to the petitioner. 6.Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court No.1, Trichirappalli District 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/- 06/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO I, TRICHIRAPPALLI DISTRICT.
2.THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TRICHIRAPPALLI.
4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S. C.M.ARUMUGAM Advocate SR.No.235
ORDER
IN CRL OP(MD) No.14421 of 2019 Date :06/01/2020 skm TK/JC/SAR.1/09.01.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2