BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10587 of 2011 P.JAYARAMAN : PETITIONER/ACCUSED RANK NOT KNOWN Vs. THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DISTRICT. CRIME NO.1 OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. S.PALANIVELAYUTHAM Advocate For Respondent : Mr. A.RAMAR Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner was arrested by the respondent police on 29.07.2011 for the alleged offences punishable under Sections 465, 471 and 420 I.P.C., in Crime No.1 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioner would submit that the alleged occurrence has been taken place on 27.02.2008 and a complaint has been given only on 06.01.2011. He further submitted that the petitioner was arrested on 29.07.2011 and a case has been registered against him for the offences under Sections 465, 471 and 420 I.P.C. He further submitted that the petitioner herein has got right to execute the deed and he has not committed any offence and he is in judicial custody for more than 40 days and hence, he prays for enlargement on bail. 3. The learned Additional Public Prosecutor (Crl.side) would submit that the petitioner herein has forged the document dated 27.02.2008 as if he is transferring the right in his favour that document has not been executed by the de-facto complainant and as https://hcservices.ecourts.gov.in/hcservices/ such caused a loss to the tune of Rs.35 lakhs and the investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that the alleged occurrence has been taken place on 27.02.2008 which is the date of deed for transferring the right and that document filed by this petitioner itself, is disputed by the de-facto complainant stating that it is a forged one and a complaint has been given on 06.01.2011 and the petitioner was arrested on 29.07.2011 and as per version of the learned Additional Public Prosecutor, the investigation has been completed and charge sheet has been filed which was taken on file in C.C.No.176 of 2011, I am inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail and 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 learned Judicial Magistrate No.I, Nagercoil, Kanyakumari District and on further condition that the petitioner shall appear before the Court concerned daily at 10.30 a.m. until further orders. sd/- 06/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.1, NAGERCOIL, KANYAKUMARI DISTRICT. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DISTRICT. 5. THE OFFICER IN-CHARGE, DISTRICT JAIL, NAGERCOIL. 6. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. +1 CC to M/S. S.PALANIVELAYUTHAM Advocate SR.No.30102 ORDER IN CRL OP(MD) No.10587 of 2011 NSV/6.9.11/2P/8C Date :06/09/2011 https://hcservices.ecourts.gov.in/hcservices/