Madras High CourtCRL OP(MD)/12725/2015allowed

Palanisamy, v. The Inspector Of Police

2015-07-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12725 of 2015 PALANISAMY ... PETITIONER/ ACCUSED NO.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE LAND GRABBING SPECIAL CELL, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.

(CRIME NO.44/2013) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.MATHAVAN Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.3, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 120(b), 406, 420, 465, 467, 468 and 471 of I.P.C., in Crime No.44 of 2013 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the de-facto complainant, the first accused, who had already sold the property to the de-facto complainant, again sold the same property to the third accused and thereby cheated the de-facto complainant.

3. The learned counsel for the petitioner submitted that the petitioner is a bona fide purchaser and the prime accused A1 and A2 were granted anticipatory bail by the Sessions Court. It is further submitted that the petitioner is innocent and he has not committed any offence.

4. The learned Government Advocate (Crl.side) submitted that the petitioner is having one previous case in similar nature and the respondent has completed the investigation and also laid a charge sheet in this case.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, Alangudi, Pudukottai https://hcservices.ecourts.gov.in/hcservices/

District and on his 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 petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner 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/- 15.07.2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, ALANGUDI, PUDUKOTTAI DISTRICT.

2.THE CHIEF JUDICIAL MAGISTRATE PUDUKOTTAI.

3.THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE LAND GRABBING SPECIAL CELL, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.

+1. CC to M/S.G.MATHAVAN Advocate SR.No.39175

ORDER

IN CRL OP(MD) No.12725 of 2015 Date :15/07/2015 rg.21.07.2015 2p.6c.

https://hcservices.ecourts.gov.in/hcservices/