K.S. Mohammed Idhris v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18664 of 2015 1 K.S. MOHAMMED IDHRIS 2 K.S. MOHAMMED ABDUL HAKKIM 3 K.S. MOHAMMED BILALUDHEEN 4 K.S. KADAR MAIDHEEEN 5 M.ABDUL MAZITH ... PETITIONERS/ACCUSED A9 to A13 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE ANTI LAND GRABBING SPECIAL CELL, DISTRICT CRIME BRANCH, DINDIGUL, DINDIGUL DISTRICT.
CR. NO.52 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S A.HARIHARAN 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 A9 to A13 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 120(B), 465, 468, 471 and 420 of IPC, in Crime No.52 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2.According to the de-facto complainant, the accused by employing daily wages coolies, had occupied the lands of the de-facto complainant as well as others by obtaining fake patta to grab the property of the de-facto complainant.
3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal side) submitted that after registration of the case, the de-facto complainant has not cooperated with the investigation and it is revealed from the enquiry that there were exchange of notices between the parties on 31.03.2015 and 11.04.2015.
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5.The respondent has filed a detailed counter stating that due to non-cooperation of the de-facto complainant, the investigating officer is not able to trace out the documents and proceed with the further investigation.
6.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Special Court for Anti-Land Grabbing Cases, Madurai 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 daily at 10.00 a.m for a period of two weeks and thereafter, as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.
8.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/- 07/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE SPECIAL COURT FOR ANTI-LAND GRABBING CASES, MADURAI 2 DO THRO THE CHEIF JUDICIAL JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE SUB INSPECTOR OF POLICE ANTI LAND GRABBING SPECIAL CELL, DISTRICT CRIME BRANCH, DINDIGUL, DINDIGUL DISTRICT.
4 THE ADDITIONAL PUBLICPROSECUTOR MADURAI BENCH OF MADRAS HIGH COURTMADURAI +1. CC to M/S A.HARIHARAN Advocate SR.No.59226.
ORDER
IN CRL OP(MD) No.18664 of 2015 Date :07/10/2015 https://hcservices.ecourts.gov.in/hcservices/ AM/09.10.2015/NGM.SS/SAR-I/2P/6C