BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of April Two Thousand Nine PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.2025 of 2009 M.DURAIRAJ ... PETITIONER/ACCUSED NO.1 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE VACHAKARAPATTI POLICE STATION VIRUDHUNAGAR DISTRICT CRIME NO.173 OF 2008 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.RAMASAMY Advocate For Respondent : MR.S.MUTHU VENKATESAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 420, 468, 471 and 477 of I.P.C., in Crime No.173 of 2008 on the file of the respondent police. He has approached this Court for anticipatory bail under Section 438 of Code of Criminal Procedure. 2. Heard Mr.S.Ramasamy, learned counsel appearing for the petitioner and Mr.S.Muthu Venkatesan, learned Government Advocate (Crl.Side) appearing for the State. 3. According to the prosecution story, the name of the father of the petitioner is Velu Naicker, but he impersonated to be the son of Mariyappa Naicker using the similarity of the name of the petitioner and the de-facto complainant, whose father's name is Mariyappa Naicker. 4. The learned counsel for the petitioner would contend that the father's name of the petitioner is not Velu Naicker and that there is no question of forgery or impersonation, as the document in question itself was a registered document bearing the signature, thumb impression and the photograph of the petitioner. It is the further contention of the learned counsel for the petitioner that a civil dispute, which is now pending in a civil Court, is sought to be given a criminal colour by preferring the complaint. Admittedly, a civil dispute in respect to the property in question is pending in a civil Court between the de-facto complainant and the petitioner herein. https://hcservices.ecourts.gov.in/hcservices/ 5. Considering the facts and circumstances of the case, this Court deems it fit to grant the relief of anticipatory bail as prayed for. 6. Accordingly, the petitioner is directed to be released on bail, in the event of his arrest or on his appearance before the Judicial Magistrate concerned on executing 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, Virudhunagar and on further condition that the petitioner shall report before the respondent police as and when required. 7. The petitioner shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 17/04/2009 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.I VIRUDHUNAGAR 2. THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR @ SRIVILLIPUTHUR 3. THE INSPECTOR OF POLICE VACHAKARAPATTI POLICE STATION VIRUDHUNAGAR DISTRICT 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI. +1. CC to M/S. S.RAMASAMY Advocate SR.No.7333 ORDER IN CRL OP(MD) No.2025 of 2009 Date :17/04/2009 KS 20.04.2009 (6C/2P) https://hcservices.ecourts.gov.in/hcservices/