R.Thangapalam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/03/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR R.Thangapalam ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Anti Land Grabbing Special Cell, District Crime Branch, Dindigul District.
Crime No.15 of 2017 ... Respondent/Complainant For Petitioner : Mr.V.Nagarajan, Advocate.
For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.15 of 2017 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120(b), 419, 420, 465, 468 and 471 IPC in Crime No.15 of 2017 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that one Durai Devar approached the petitioner and intend to sell his land situated at S.No.1514/1 in Kodaikanal and the petitioner purchased the said land on 02.08.2010 for valuable consideration. Patta was also transferred in the name of the petitioner. After a lapse of four yeas, it was came to light that the second accused in this case manipulated the records and prepared false documents and sold the land to the petitioner herein.
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3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is only a bonafide purchaser. Hence, he prayed for grant of anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl. Side), appearing for the respondent police submitted that the investigation in this case has been completed and charge sheet filed in C.C.No.36 of 2019 before the Anti Land Grabbing Special Court, Dindigul. 5.Considering the above facts and circumstances of the case and considering the fact that investigation in this case has been completed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the Special Judicial Magistrate, Special Court for Exclusive Trial of Land Grabbing Cases, Madurai, on condition that the petitioner shall execute 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioner shall appear before the respondent Police as and when required for interrogation;
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond either during investigation or trial;
(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 2/3
(f)if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 09/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1.THE SPEICIAL JUDICIAL MAGISTRATE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF LAND GRABBING CASES, MADURAI.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3.THE INSPECTOR OF POLICE, ANTI LAND GRABBING SPECIAL CELL, DISTRICT CRIME BRANCH, DINDIGUL DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.V.NAGARAJAN, Advocate (SR-1951[I] dated 10/03/2021)
ORDER
IN CRL OP(MD) No.1233 of 2021 Date :09/03/2021 GNS TK/SMA/SAR.1/17.03.2021/3P/6C 3/3