Subramanian v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) Nos.20444 and 20451 of 2015 SUBRAMANIAN ..PETITIONER/ACCUSED RANK NOT KNOWN in CRL OP(MD)No.20444 of 2015 ANBALAGAN ..PETITIONER/ACCUSED RANK NOT KNOWN in CRL OP(MD)No.20451 of 2015 Vs.
STATE REP.BY THE INSPECTOR OF POLICE THIRUPPATHUR TOWN POLICE STATION, SIVAGANGAI DISTRICT.
CR. NO. 353 OF 2015 ... RESPONDENT/COMPLAINANT in Both the Petitions For Petitioner in CRL OP(MD)No.20444 of 2015 : M/S S.KAMESHWARAN Advocate For Petitioner in CRL OP(MD)No.20451 of 2015 : MR.R.RAJESH, Advocate For Respondent in Both the Petitions : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 and 2, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420 and 423 of I.P.C., in Crime No.353 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2. According to the de-facto complainant that the first accused without the knowledge of the de-facto complainant, sold his land about 1 cent in Survey No.378/15 to the second accused by a registered sale deed dated 26.09.2012.
3. The learned counsel for the petitioners submitted that the first accused is the absolute owner of the property sold to the second accused on 26.09.2012 and it is further submitted that in respect of the same property, the suit in O.S.No.59 of 2014 is pending before the District Court, Sivagangai. https://hcservices.ecourts.gov.in/hcservices/
4. The learned Government Advocate (Crl.side) submitted that the first accused is the co-owner of the property and without the consent of the de-facto complainant, had sold about 1 cent to the second accused.
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 bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Thiruppathur, Sivagangai District and on their executing 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 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.
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/- 27/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, THIRUPPATHUR, SIVAGANGAI DISTRICT.
2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE THIRUPPATHUR TOWN POLICE STATION, SIVAGANGAI DISTRICT.
+1. CC to M/S S.KAMESHWARAN Advocate SR.Nos.62864 +1. CC to MR.R.RAJESH, Advocate Sr.No.62865 akm/30.10.2015 /2p-7c/
ORDER
IN CRL OP(MD) Nos.20444 and 20451 of 2015 Date :27/10/2015 https://hcservices.ecourts.gov.in/hcservices/