Senthilnathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :28/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI Senthilnathan ... Petitioner/Accused Rank Not Known Vs The State Rep.by The Inspector of Police, City Crime Branch, Madurai City, Madurai.

Cr.No. 29 of 2021..

... Respondent/Complainant For Petitioner : M/s.Ganapathi Subramanian P, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.29 of 2021 on the file of the Respondent Police.

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 120B, 419, 464, 466, 468, 470 and 471 of I.P.C., seeks anticipatory bail. 2.

The case against the petitioner is that he created some false document regarding the property of the defacto complainant. A case in Crime No.29 of 2021 was registered against the petitioner under Sections 120B, 419, 464, 466, 468, 470 and 471 of I.P.C. The petitioner filed this petitioner for anticipatory bail.

3. On the side of the petitioner, it is stated that the name of the petitioner is not found place in the F.I.R. The defacto complainant sold the property to the first accused. The allegation against the petitioner and others is that they helped the first 1/3

accused. Co-accused / A1, A3 and A4 were already released on anticipatory bail. The petitioner is the fifth accused in the case and prayed the petitioner to be released on anticipatory bail.

4. On the side of the respondent, it is stated that totally five accused involved in the offence, four were named accused in the F.I.R and on the statement of A1 and A4, the petitioner was impleaded in the case. A1 and A4 appeared before the Station for enquiry. Though notice was sent to the petitioner, he did not appear for enquiry before the police station. The petitioner is the key person for the offence and prayed the petition to be dismissed.

5. Considering the nature of the offence and considering the fact that co-accused were released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate, (Special Court for Land Crabbing cases), 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 the petitioner shall appear before the respondent police daily at 10.30 am until further orders. 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 stands dismissed.

sd/- 28/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LS 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.

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TO 1.THE JUDICIAL MAGISTRATE, (SPECIAL COURT FOR LAND CRABBING CASES), MADURAI.

2.THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3.THE INSPECTOR OF POLICE, CITY CRIME BRANCH, MADURAI CITY, MADURAI.

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

ORDER

IN CRL OP(MD) No.20006 of 2021 Date :28/01/2022 RD/VR/SAR-III(03.02.2022) 3P 5C 3/3