Sangaiya@Sangaiya Pulavar v. The Inspector Of Police
BBEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.16181 of 2015 1 SANGAIYA@SANGAIYA PULAVAR 2 SHANMUGATHAI ... PETITIONERS/ACCUSED NOS.2 AND 3 Vs STATE REP BY THE INSPECTOR OF POLICE ANTI LAND GRABBING SPECIAL CELL, TIRUNELVELI DISTRICT.
(CRIME NO.24 OF 2014) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.ALAGUMANI Advocate For Respondent : M/S.K.ANBARASAN,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 accused Nos.2 and 3, in Crime No.24 of 2014 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 420, 463, 465 and 417 IPC and hence, seek anticipatory bail.
2. The case of the prosecution is that the petitioners and 13 others created forged documents and transferred the property belonging to the defacto complainant.
3. The case of the petitioners is that the petitioners are husband and wife and the land mentioned in the F.I.R. belongs to the petitioners. The patta stands in the name of the first petitioner's father and the defacto complainant has given a false complaint against the petitioners. The petitioners are innocent and they did not commit any offence as mentioned in the F.I.R.
4. This Court, by order dated 03.09.2014 referred the matter before the Mediation and Conciliation Centre attached to this Bench and the defacto complainant did not appear before the Mediation and Conciliation centre.
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5. The learned Government Advocate (Crl.Side) submitted that before the Mediation and Conciliation centre, the defacto complainant did not appear and the investigation is pending and they will complete the investigation and file a final report. 6.Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Sankarankovil 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 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.
7.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/- 01/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE SANKARANKOVIL 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3.THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4.THE INSPECTOR OF POLICE ANTI LAND GRABBING SPECIAL CELL, TIRUNELVELI DISTRICT.
+1. CC to M/S.R.ALAGUMANI Advocate SR.No.69226 RL/6C/AAL/MPA/SARI/4/12/2015
ORDER
IN CRL OP(MD) No.16181 of 2015 Date :01/12/2015 https://hcservices.ecourts.gov.in/hcservices/