CRL OP(MD)/17264/2011 of P.GANESAN, Vs THE INSPECTOR OF POLICE, on 28 December 2011

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

Wednesday, the Twenty Eighth day of December Two Thousand ElevenPRESENT

The Hon`ble Mr.Justice S.RAJESWARAN

CRL OP(MD) No.17264 of 2011

P.GANESAN: PETITIONER/ACCUSED NO.3

Vs.

THE STATE REP.BYTHE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH,MADURAI DISTRICT.(CR.NO.82 OF 2011): RESPONDENT/COMPLAINANT

For Petitioner : M/S. M.VETRIVELMURUGAN Advocate For Respondent : Mr. C.RAMESH Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/A3, apprehends arrest at the hands of the respondentpolice for the alleged offence punishable under Sections 387, 406, 420,467, 468, 506(ii), r/w.120(b) of I.P.C in Crime No.82 of 2011, on thefile of the respondent police, seeks anticipatory bail under Section 438of the Code of Criminal Procedure.

2. Heard Mr.M.Vetrivel Murugan, learned counsel for the petitionerand Mr.C.Ramesh, learned Additional Public Prosecutor appearing for theState.

3. The case of the petitioner is that a complaint was lodgedagainst him alleging that he has threatened the defacto complainant toexecute a sale deed in his favour. The petitioner is arrayed as AccusedNo.3, in Crime No.82 of 2001.

4. The learned Additional Public Prosecutor appearing for the Statesubmits that the co-accused was released on anticipatory bail asrepresented by the petitioner's Counsel.

5. The learned Counsel appearing for the petitioners has alsoproduced the copy of the order passed by this Court in Crl.O.P(MD)

No.16297 of 2011 dated 19.12.2011, in which anticipatory bail wasgranted to the Accused Nos.4, 5 and 6 and also produced the copy of theorder passed by the learned Principal Sessions Judge, Madurai dated14.12.2011, in which anticipatory bail was also granted to the AccusedNo.2.

6. Recording the submission made by the learned Additional PublicProsecutor, and considering the facts and circumstances of the case, Iam inclined to grant anticipatory bail to the petitioner, of course,subject to certain stringent conditions.

7. Accordingly, the petitioner is directed to be released onanticipatory bail, in the event of his arrest or on his appearancebefore the Judicial Magistrate concerned, on executing bond for a sum ofRs.10,000/- (Rupees Ten Thousand only) with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate No.I,Madurai, and on further condition that the petitioner shall appearbefore the respondent police daily at 10.30 a.m. for a period of threeweeks.

8. The petitioner shall appear before the Magistrate concernedwithin a period of 15 days, failing which, the anticipatory bail grantedshall stand automatically cancelled.

sd/-

28/12/2011

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

TO