Abudhagir v. State Rep By Inspector Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15424 of 2015 ABUDHAGIR ... PETITIONER/ACCUSED NO.4 Vs STATE REP BY INSPECTOR OF THIRUVERAMBUR POLICE STATION, TRICHY DISTRICT.

(CRIME NO. 391 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.SIVABALAN Advocate For Respondent : MRS.S.PRABHA, Govt. 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 A4 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 420 and 506(i) of IPC in Crime No.391 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the de-facto complainant that on 04.07.2008 A1 along with his wife had entered into an agreement with the de-facto complainant to sell his land to an extend of 130 acres for a sale consideration of Rs.71,50,000/- and received Rs.10,00,000/- towards advance and thereafter, they did not come forward to execute the sale deed.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The learned counsel further submitted that the petitioner is a land broker and he signed as a witness in the sale agreement and he is nothing to do with the advanced amount received by A1 and A2.

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

4. The learned Government Advocate(Criminal Side) appearing

for the respondent submitted that the petitioner has no bad antecedent and he was a mediator in the local area and he signed as a witness in the document.

5. Considering the nature of allegation made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. It is made clear that the accused 1 and 2 shall not take advantage of the anticipatory bail granted to this petitioner/A4 in this case.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.6, Trichy 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 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 11/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.VI,TRICHY.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, THIRUVERAMBUR POLICE STATION,TRICHY DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.K.SIVABALAN Advocate SR.No.45641 ORDER IN CRL OP(MD) No.15424 of 2015 Date :11/08/2015 PA/KBM/SAR-I/17.08.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/