CRL OP(MD)/18034/2017 of MAYANDI Vs THE INSPECTOR OF POLICE on 28 December 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Eighth day of December Two Thousand SeventeenPRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.18034 of 2017

MAYANDI ... PETITIONER / ACCUSED NO.1

Vs

THE STATE REP.BY,THE INSPECTOR OF POLICE THILAGAR THIDAL POLICE STATION, MADURAI CITY, (CRIME NO. 1038/2017) ... RESPONDENT / COMPLAINANT

For Petitioner : M/S.S.BALAJI Advocate

For Respondent : MR.K.ANBARASAN 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 07.11.2017 and remandedto judicial custody on the same day for the offences punishableunder Sections 420, 419, 467, 471, 472, 294(b) and 506(i) IPC inCrime No.1038 of 2017 on the file of the respondent police, seeksbail.

2. The case of the prosecution is that the petitioner inconnivance with other accused had created forged documents, based onwhich, an agreement of sale was registered in respect of a buildingbelonging to the wife of the defacto complainant, which resulted inregistration of the present case.

3. The learned counsel for the petitioner has submittedthat the petitioner has been falsely implicated in this case and heis ready to abide by any conditions being imposed by this Court.

4. The learned Government Advocate (Crl.Side) has contendedthat this is 2[nd] bail petition filed by the petitioner and theearlier one was dismissed as withdrawn on 06.12.2017 and theinvestigation of the case is still pending.

5. Taking into consideration the nature of allegationsagainst this petitioner and the fact that there is no change in factsituation after dismissal of the earlier petition for bail, thishttps://hcservices.ecourts.gov.in/hcservices/Court is not inclined to grant the relief as prayed for by thepetitioner.

6. In the result, this Criminal Original Petition standsdismissed accordingly. It is made clear that in the event of thepetitioner filing yet another bail petition, he has to implead thedefacto complainant as party to the petition and further orders willbe passed thereon only after notice to the defacto complainant.

sd/-

28/12/2017

/ TRUE COPY /

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1 THE INSPECTOR OF POLICE, THILAGAR THIDAL POLICE STATION, MADURAI CITY.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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