K. Krishnasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI K.Krishnasamy ... Petitioner/Accused No.5 Vs The state represented by The Inspector of Police, District Crime Branch Police Station, Thoothukudi District.

(Crime No.4/2022). ... Respondent/Complainant For Petitioner : M/s.Suyambulinga Bharathi.K, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.4/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.5, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 120b), 419, 465, 467, 468, 471 & 420 of IPC, in Crime No.4 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case against the petitioner is that A1 executed a sale deed in favour of A2, in turn A2 executed settlement deed in favour of A3 and A3 executed a sale deed in favour of the petitioner. A1 impersonated one Arunachalam and executed the sale deed. Knowing fully well, the petitioner has purchased the property. Hence, the case has been registered.

3.On the side of the petitioner, it is stated that the petitioner is the 5th accused in this case. The petitioner is a bonafide purchaser. The petitioner is not aware of the earlier transactions that took place between other accused. The petitioner is having three daughters. Hence, in order to invest money for their future, this petitioner has purchased this property for a valuable consideration. He has spent Rs.25,00,000/- (Rupees Twenty Five 1/3

Lakhs) for the purchase of the land. He has no role in the impersonation that was alleged to have been done by A1. The petitioner sent a complaint against A3 to the Superintendent of Police. The petitioner is even ready to cancel the sale deed and prayed the petitioner to be released on anticipatory bail. 4.On the side of the respondent, it is stated that the petitioner is fully aware of the impersonation done by A1. He has co-operated with the other accused and created a false document. Investigation is in the earlier stage and prayed the petition to be dismissed.

5.The petitioner is A5. Considering the nature of the offence and considering the fact that the co-accused were already released on bail, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate (Land Grabbing Special Court), Thoothukudi, 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 learned Magistrate concerned and 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/- 28/01/2022 / TRUE COPY / / /2022 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 JUDICIAL MAGISTRATE(LAND GRABBING SPECIAL COURT), THOOTHUKUDI.

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2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.1493 of 2022 Date :28/01/2022 SS/VR/SAR-IV/04.02.2022 : 3P/5C 3/3