Arjunan, S/O. Subramanian, v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of September Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.14431 of 2015 1 ARJUNAN, 2 GANESAN, 3 RAMESH, 4 CHTHIRA, 5 LAKSHMI, ... PETITIONERS/ACCUSED NO.1 TO 5 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE, KALLAL POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.146/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.BASKARAN Advocate For Respondent : 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 A1 to A5, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 417, 420, 468, 471 and 506(ii) f I.P.C., in Crime No.146 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.According to the prosecution, the father of the accused Nos.1 to 4 sold the property to an extend of 3 acres 38 cents in S.No.79/3, whileso, they having no right in the lands, entered into an agreement with the defacto complainant to sell the property and received Rs.1,75,000/- as advance and thereby cheated the de-facto complainant. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case and after came to know of earlier sale, they have returned a sum of Rs.75,000/- to the de-facto complainant.

4.The learned Government Advocate (Crl.side) would submit that A1 to A5 having right over the property, had entered into a sale agreement and received Rs.1,75,000/- from the de-facto complainant.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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7. Accordingly, the petitioners are ordered to be released on bail

in the event of arrest or on their appearance before the learned Judicial Magistrate, Karaikudi, Sivagangai District and on each of them 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 deposit a sum of Rs.1,00,000/-(Rupees one lakh only) to the credit of Crime No.146 of 2015 on the file of the learned Judicial Magistrate, Karaikudi, Sivagangai District 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 condition stipulated under Section 438 Cr.P.C. scrupulously.

8. 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.

9.On such deposit, the learned Judicial Magistrate shall disburse the amount to the de-facto complainant.

sd/- 01/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE,KARAIKUDI, SIVAGANGAI

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVANGANGAI.

3. THE SUB INSPECTOR OF POLICE,KALLAL POLICE STATION, SIVAGANGAI DT.

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

5. THE CHIEF CO-ORDINATOR, MEDIATION CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

GJM/AN/MP/SAR-I-4.9.15-2P-6C

ORDER

IN CRL OP(MD) No.14431 of 2015 Date :01/09/2015 https://hcservices.ecourts.gov.in/hcservices/