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Madras High CourtCRL OP(MD)/18474/2014ordered

T. Selvam v. The Inspector Of Police

2015-01-13Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.18474 of 2014 1 T. SELVAM 2 THANGAM ..PETITIONERS/ACCUSED 1 & 2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE PALAMEDU POLICE STATION, VADIPATTI TALUK, MADURAI DISTRICT.

CR.NO.145 OF 2014 ..RESPONDENT/COMPLAINANT For Petitioner : M/S. G. MARUTHAIAH Advocate For Respondent : Mr.C.RAMESH, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 420 and 506(i) IPC in Crime No.145 of 2014 on the file of the respondent police, seek anticipatory bail.

2.It is the case of the defacto complainant that he is the grandson of one Guruswamy, who is the owner of the land measuring 753 sq.ft in S.No.141/17 in Erampatti Village. Even according to the defacto complainant, these petitioners purchased the property from Guruswamy on 02.04.2014.

3.It is alleged by the defacto complainant that he has got a hut in the land and the sale is illegal.

4.It is seen that these petitioners are the bona fide purchasers of the land from the grandfather of defacto complainant. 5.In such circumstances, 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Magistrate, Vadipatti Taluk, Madurai District, and on condition that the petitioners shall execute a bond for a sum of Rs.

10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a]the petitioners shall report before the respondent police twice a day at 10:30 in the morning and 06:30 in the evening for a period of two weeks and thereafter as and when required for interrogation. https://hcservices.ecourts.gov.in/hcservices/ [b]the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/- 13/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE DISTRICT MUNSIF CUM MAGISTRATE, VADIPATTI TALUK, MADURAI DISTRICT.

2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, PALAMEDU POLICE STATION, VADIPATTI TALUK, MADURAI DISTRICT.

+1. CC to M/S. G. MARUTHAIAH Advocate SR.No.1932 ORDER IN CRL OP(MD) No.18474 of 2014 Date :13/01/2015 PBK 19/01/2015 ::2P-6C:

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