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Madras High CourtCRL OP(MD)/16878/2015allowed

Kumaresan v. The State Rep The Ins Of Polic

2015-09-04Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16878 of 2015 1 KUMARESAN 2 MUTHUKRISHANAN ..PETITIONERS/ACCUSED NO.5 AND 6 Vs.

THE STATE REP.BY THE INSPECTOR OF POLICE, ANTI LAND GRABBING SPECIAL CELL, MADURAI DISTRICT, (CRIME NO.137/2013) ... RESPONDENT/COMPLAINANT For Petitioners : M/S.S.SATHYA CHIDAMBARAM 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 petitioners, who are arrayed as accused Nos.5 and 6, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 120(b), 419, 468, 471, 420 and 506(i) of I.P.C., in Crime No.137 of 2013 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that A3 viz., Solairaja, by forging the document, sold the property to the other accused in which the petitioners / A5 and A6 are signed as witnesses.

3. The learned counsel for the petitioner submitted that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that A1 was granted anticipatory bail by this Court in Crl.O.P.(MD).No.4457 of 2014 dated 17.03.2014 and A2 was granted anticipatory bail by the Court of Sessions in Cr.M.P.No.510 of 2014 dated 01.02.2014 and the petitioners are only witnesses to the document.

4. Heard the learned Government Advocate (Crl.side).

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with https://hcservices.ecourts.gov.in/hcservices/ certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of his arrest or on his appearance

before the learned Judicial Magistrate, Anti Land Grabbing Special Court, Madurai 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 petitioners shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioners shall comply with the condition 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 stands dismissed.

sd/- 04/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE ANTI LAND GRABBING SPECIAL COURT, MADURAI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI.

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

4 THE INSPECTOR OF POLICE, ANTI LAND GRABBING SPECIAL CELL, MADURAI DISTRICT +1. CC to M/S.S.SATHYA CHIDAMBARAM Advocate SR.No.51877 Akm/10.09.2015 /2p-6c/

ORDER

IN CRL OP(MD) No.16878 of 2015 Date :04/09/2015 https://hcservices.ecourts.gov.in/hcservices/