R. Manjula v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.20175 of 2015 1 R. MANJULA 2 YASODHARA 3 SIVAKUMAR ... PETITIONER(S) / ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE OOMATCHIKULAM POLICES STATION, MADURAI DISTRICT, CRIME NO.158/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S J.NISHA BANU Advocate For Respondent : Mr.K.Anbarasan Government 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.3 to 5, in Crime No.158 of 2015 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), 468, 471 and 420 IPC and hence, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant gave a complaint before the respondent police that he purchased a plot No.142 from one Hemabai by document No.457/1987 and he has given the property to his daughter Subha by way of gift. Subsequently, the said plot was resurveyed as 124/17 and patta has been granted for 124/17. The petitioners and the accused persons by creating forged documents, formed a lay out and sold some properties.
3. The case of the petitioners is that the petitioners are the bonafied purchasers by way of third parties and by proceedings dated 17.06.2005 bearing reference Na.Ka.No.7457/2005, the Revenue Divisional Officer has cancelled the sub-division Survey Nos.124/12, 124/17 and 124/18.
4. The learned Government Advocate (Crl.Side) on instructions submitted that the investigation is pending.
5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on https://hcservices.ecourts.gov.in/hcservices/
bail in the event of arrest or on their appearance before the learned Judicial Magistrate NO.II, 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 1 and 2 shall appear before the respondent police as and when required for interrogation and the third petitioner 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. 5.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/- 16/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.II, 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 OOMATCHIKULAM POLICES STATION, MADURAI DISTRICT, +1. CC to M/S J.NISHA BANU Advocate SR.No. 65580. TS/23.11.2015/2P-6C/MPA/SAR I
ORDER
IN CRL OP(MD) No.20175 of 2015 Date :16/11/2015 https://hcservices.ecourts.gov.in/hcservices/