Madras High CourtCRL OP(MD)/1475/2020granted

S.V.Karuppasamy v. The Inspector Of Police

2020-01-31Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD).Nos.1475 and 1686 of 2020 S.V.Karuppasamy ... Petitioner/Accused No.2 in Crl.OP(MD)No.1475 of 2020 K.Venkatesh ... Petitioner/Accused No.3 in Crl.OP(MD)No.1686 of 2020 Vs State Rep. by The Inspector of Police, Anti Land Grabbing Special Cell/ District Crime Branch, Madurai District.

Cr.No.4 of 2020. ... Respondent/Complainant in both the petitions For Petitioner : M/s.G.Aravinthan, Advocate in both the petitions For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) in both the petitions For Intervener : Mr.K.S.Durai Pandian in both the petitions PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- For Anticipatory Bail in Crime No. 4 of 2020 on the file of the respondent police.

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COMMON ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners, the learned counsel for the intervener and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 120(b), 465, 468, 471 and 420 of I.P.C., in Crime No. 4 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The case of the prosecution is that based on the strength of a fraudulent Will, the property in question has been dealt with by the accused in the year 2018. The defacto complainant had already filed a partition suit and the same is still pending. 4.The case against the petitioners rests on documentary evidence. The arrest of the petitioners is not warranted.

5. Therefore, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate Court, No.I, Madurai, and on their 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 appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions 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 shall stand dismissed.

sd/- 31/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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1. THE JUDICIAL MAGISTRATE No.I, MADURAI.

2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, ANTI LAND GRABBING SPECIAL CELL/ DISTRICT CRIME BRANCH, MADURAI DISTRICT.

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

+2 CC to M/s.G.ARAVINTHAN, Advocate ( SR-2019&2018[I] dated 31/01/2020) +2 CC to M/s.K.S.DURAI PANDIAN, Advocate (SR-2024 &2025[I] dated 31/01/2020) ORDER IN CRL OP(MD) Nos.1475 & 1686/2020 Date :31/01/2020 PNN TE/SKN/SAR-I : 07/02/2020 : 3P/9C 3/3