Krishnasamy v. The Inspector Of Police

CRL OP(MD). No.900 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.900 of 2020 KRISHNASAMY ... PETITIONER/SOLE ACCUSED VS 1.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, ANTI LAND GRAPPING CELL, THENI DISTRICT.

(IN CRIME NO.25/2019).

... RESPONDENT/COMPLAINANT

2. SIVANANTHAM ... 2nd RESPONDENT/DEFACTO COMPLAINANT For Petitioner : M/s. K. Baalasundharam, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervenor : Mr.C.Muthusaravanan, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 25/2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner, learned counsel appearing for the defacto complainant and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.The petitioner apprehending arrest at the hands of the respondent in these Crime Nos. 25 and 26 of 2019, which have been registered for the offences under Sections 420, 294(b) and 506(ii) of I.P.C.

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CRL OP(MD). No.900 of 2020 3.The petitioner is said to have purchased 55 cents of land in the year 2003 in Survey No.148/3 in Chinnamanur Village. The petitioner had sold the two plots of land to the respective defacto complainant on 07.11.2013. It now turned out and the plots are comprised in Survey Nos.149/1 and 149/2. This Court took up a case on more than one occasion and wanted the petitioner to satisfy this Court that the petitioner is having title in respect of the plots sold to the defacto complainant herein. The petitioner could not satisfy the Court till date. This Court in the alternative called upon the petitioner to cancel the transactions, so that, the defacto complainant's interest can be taken care of. No consensus could be arrived out between the petitioner and the defacto complainant. 4.

In these circumstances, in as much as, the petitioner has sold the properties, over which, he never had any title. I am of the view that it is not a fit case for grant of anticipatory bail. Hence, this criminal original petition stands dismissed. sd/- 20/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, ANTI LAND GRAPPING CELL, THENI DISTRICT.

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

+1 CC to M/s.C.MUTHU SARAVANAN, Advocate ( SR-3592[I] dated 20/02/2020 )

ORDER

IN CRL OP(MD) No.900 of 2020 Date :20/02/2020 RMI JM/VR/SAR 1/27.02.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2