Karuppasamy, M/75/15 v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12970 of 2015 1 KARUPPASAMY, 2 U. PONNUSAMY 3 SUNDARRAJ 4 VELSAMY 5 KOVALAVAN @ GOPALAKRISHNAN ... PETITIONER(S) / ACCUSED 1 to 5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE PULIANKUDI POLICE STATION, TIRUNELVELI DISTRICT.

CR.No. 267 of 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.MUTHUVELAN Advocate For Respondent : M/S.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-1 to A-5 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 120(b), 468, 420, 294(b) and 506(i) of I.P.C. in Crime No.267 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the defacto complainant, the accused have created documents and A-1 has sold the property of the defacto complainant to the second accused on 14.08.1995 and also got patta in their favour and the accused have threatended the mother of the defacto complainant to withdraw the suit in O.S.No.132 of 2012.

3. The learned counsel for the petitioner submitted that the first accused is the absolute owner of the property and he sold the property to the second accused by a registered sale deed, dated 14.08.1995 and based on the sale deed, patta was also transferred in the name of the second accused and after a lapse of 20 years, the present complaint has been filed. He further submitted that the present complaint is a motivated one. The learned counsel has filed a typed set of papers containing the sale deed, patta issued in favour of the second accused and copy of the plaint.

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4. Heard the learned Government Advocate(Crl. Side), and perused the records.

5.Considering the facts and circumstances of the case, this Court is 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 on their appearance before the learned Judicial Magistrate, Sivagiri, Tirunelveli District and on executing a separate 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 Nos.2 to 5 shall appear before the respondent police daily at 10.00 a.m., for a period of two weeks and thereafter as and when required for interrogation and the first petitioner shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition 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/- 22/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SIVAGIRI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE PULIANKUDI POLICE STATION, TIRUNELVELI DISTRICT. +1. CC to M/S.V.MUTHUVELAN Advocate SR.No. 40481. TS/24.07.2015/2P - 6C

ORDER

IN CRL OP(MD) No.12970 of 2015 Date :22/07/2015 https://hcservices.ecourts.gov.in/hcservices/