P.Shanmuganathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD) No.20960 of 2021 1 P.SHANMUGANATHAN 2 P.SENTHIL KUMARAN 3 V.RAMARAJ ... PETITIONERS/ACCUSED NO.1 TO 3 Vs STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL.
CR.NO.46/2021 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.ANANDAN.K Advocate For Respondent : MR.SS.MADHAVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.46 OF 2021 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioners/Accused No.1 to 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 420, 465, 467 and 506(1) IPC in Crime No.46 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the first accused with an intention to grab the property, had forged the document, registered a settlement deed in favour of the accused 2 and 3 and mortgaged the land comprising Survey No.356/6 situated at Paadiyar Village Vedachandur Taluk, Dindigul District.Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.
4.The learned Government Advocate (Crl. Side) for the respondent police submitted that there is a land dispute between the parties and the first accused had forged the document with an intention to grab the property. He would submit that the petitioners
have no previous case.
5.Considering the nature of offence, there is civil dispute between the parties and the petitioners have no bad antecedents, this Court is inclined to grant anticipatory bail to the petitioners.
6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrte No.II, Dindigul, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. for 30 days. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7.The petitioners 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/- 29/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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 JUDICIAL MAGISTRATE NO.II, DINDIGUL 2 DO THORUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.
3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.ANANDAN, Advocate ( SR-9841[I] dated 30/12/2021 )
ORDER
IN CRL OP(MD) No.20960 of 2021 Date :29/12/2021 RS/JC/SAR.3 (31.12.2021) 3P-6C