Subbaiah v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1388 of 2017 SUBBAIAH ...PETITIONER /1st ACCUSED Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE, VADAMADURAI POLICE STATION, DINDIGUL DISTRICT.

CRIME NO.7 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.VENKATESH Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / A1, who was arrested on 11.01.2017 for the offences punishable under Sections 406, 417, 420, 465 and 471 IPC in Crime No.7 of 2017 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused forged the legal heirship certificate of one Kathirvel.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is not the beneficiary person in this case and he is no way connected with the alleged crime and the 2nd accused is the document writer and the petitioner on behalf of his father-in-law approached the 2nd accused for getting legal heirship certificate for registering the sale deed.

4.The learned Government Advocate(Crl. Side) submitted that totally there are 3 accused and A3 is still absconding and the petitioner is arrayed as A1 in this case and investigation is pending.

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5.Considering the facts and circumstances of the case and considering the nature allegations levelled against this petitioner, days, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:

(i)the petitioner shall execute 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 Judicial Magistrate, Vedasandur;

(ii)the petitioner is directed to appear before the respondent police daily at 10.30 a.m. until further orders; (iii)the petitioner shall not tamper with the evidence or witness either during investigation or trial; (iv) the petitioner shall not abscond either during investigation or trial;

(v)on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

sd/- 08/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VEDASANDUR.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE OFFICER INCHARGE SUB JAIL, VEDASANDUR.

5 THE SUB INSPECTOR OF POLICE, VADAMADURAI POLICE STATION, DINDIGUL DISTRICT. +1. CC to M/S.D.VENKATESH Advocate SR.No.7094.

ORDER

IN CRL OP(MD) No.1388 of 2017 Date :08/02/2017 AM/JM/SAR-2/09.02.2017/2P/7C https://hcservices.ecourts.gov.in/hcservices/