Chandrasekaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of January Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN CRL OP(MD) No.1070 of 2015 1 CHANDRASEKARAN 2 ARUNACHALAKANI ... PETITIONER / ACCUSED NO.6 & 13 Vs THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH (DCB), VIRUDHUNAGAR, CR.NO.30 OF 2013 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.J.SENTHILKUMAR Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offence punishable under sections 120(b), 419, 465, 468 and 420 I.P.C in Cr.No.30 of 2013, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that there are totally 18 accused and these petitioners are arrayed as A.6 and A.13 and the defacto complainant owned the lands in S.No.345/5B, 346/2B, 380/1B and 92/2B at Soolakarai Village, Virudhunagar District and the father of the defacto complainant got the said property by way of inheritance in terms of partition deed dated 11.10.1966 and after his demise, the defacto complainant and his brother were jointly enjoyed the property. Further it is alleged that A.1 has fabricated the document showing as if he is the owner of the land in question and sold it to A.3 and A.3 in turn sold it to A.6.
3. The learned Counsel appearing for the petitioners would submit that they have nothing to the alleged commission of offence and believing the version of A.1, they have purchased the properties. He would further submit that A.1 was enlarged on bail and some of the accused were surrendered and enlarged on bail and some of the accused were already enlarged on anticipatory bail and further submit that the matter, appears to be civil in nature, has given a colour of criminality, on the basis of the false complaint given by the defacto complainant.
4. The learned Government Advocate (Crl.Side) would submit that A.1 is no more and some of the accused were enlarged on bail and some of them were enlarged on anticipatory bail and the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/
5.Considering the facts and circumstances of the case and considering the nature of allegations and also considering the age of the petitioners, this Court is inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Special Judge for trying Antiland Grabbing Cases (ALGC) at Magisterial Level(Judicial Magistrate Court No.II), Virudhunagar and on each of them executing a personal 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 Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 11.00 a.m for a period of one week and thereafter as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C., scrupulously.
6. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready failing which, the petition for anticipatory bail stands dismissed. sd/- 23/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE SPECIAL JUDGE FOR TRYING ANTILAND CRABBING CASES (ALGC) AT MAGISTERIAL LEVEL (JUDICIALMAGISTARATE COURT NO.II), VIRUDHUNAGAR. 2.DO THRO THE CHEIF JUDICIAL MAGISTARATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BECNH OF MADRAS HIGH COURT, MADURAI.
4.THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH (DCB), VIRUDHUNAGAR +1. CC to M/S.J.SENTHILKUMAR Advocate SR.No.3147
ORDER
IN CRL OP(MD) No.1070 of 2015 Date :23/01/2015 rg.27/01/2015 2p/6c.
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