Thangadurai v. The Deputy Superintendent Of Police

CRL OP(MD). No.604 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.604 of 2020

1. Thangadurai

2. Thandapani

3. Boominathan ... Petitioners/Accused Nos.1 to 3 Vs State rep. by

1. The Deputy Superintendent Of Police, Aundipatti Sub Division, Theni District.

2. The Inspector of Police, Kanavilakku Police Station, Theni District (Crime No.not known of 2020) ... Respondents/Complainants For Petitioner : M/s.J.Senthilkumar, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.not known of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the Inspector of Police, Gandamanur Vilakku police station, Theni District, for the offence punishable under section 420 of I.P.C., in Crime No.13 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The defacto complainant in this case is one Malaisamy. The case of the defacto complainant is that the petitioners have fraudulently sold him Panchami lands.

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CRL OP(MD). No.604 of 2020

4. The petitioners' counsel states that the defacto complainant knowingly bought the said lands. He also disputes the prosecution case that it is a Panchami land.

4. Be that as it may, the prosecution dates back to the year 2006. The case against the petitioner rests on documentary evidence. Therefore, their arrest is not necessary. Hence, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or ontheir appearance before the learned Judicial Magistrate, Aundipatti, and on their 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 Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. 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 shall stand dismissed.

sd/- 29/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, AUNDIPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE DEPUTY SUPERINTENDENT OF POLICE, AUNDIPATTI SUB DIVISION, THENI DISTRICT 4 THE INSPECTOR OF POLICE, KANAVILAKKU POLICE STATION, THENI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.J.SENTHILKUMAR Advocate SR.No.1808

ORDER

IN CRL OP(MD) No.604 of 2020 Date :29/01/2020 JMN/SKN/SAR-3 (03.02.2020) 2P : 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2