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Madras High CourtCRL OP(MD)/22663/2014dismissed

Iyyammal v. The Sub Inspector Of Police

2015-01-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.22663 of 2014 1 IYYAMMAL 2 JANSI RANI 3 CHINNAPONNU 4 R.VENKATESAN 5 R.SENTHIL SEMAN ... PETITIONERS/ACCUSED NOS.1 TO 5 Vs STATE REPRESENTED THROUGH THE SUB INSPECTOR OF POLICE MADURAI DISTRICT CRIME BRANCH, ALAGARKOVIL ROAD, MADURAI-625 007 CRIME NO. 46/2014 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.D.GURUSAMY Advocate For Respondent : Govt. Advocate ( Crl. Side) 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 offences punishable under Sections 120B, 465, 468, 471 and 420 IPC in Crime No.46 of 2014 on the file of the respondent police, seek anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the State.

3. This is second anticipatory bail petition and the first anticipatory bail petition in Crl.O.P.(MD) No.18564 of 2014 was dismissed on 07.11.2014.

4. Learned counsel for the petitioners submitted that the petitioners are traditional agricultural workers, having tenancy holding over the lands and they have not committed any offence as alleged by the prosecution.

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5. On the contrary, it is seen that the petitioners / accused have created bogus records, as if they are legal heirs of the original tenancy holder by name Sinna Mandhayan Ambalam. In fact, Civil Court has granted interim injunction to the defacto complainant inspite of which, the petitioners have been creating false records in order to dispossess the defacto complainant of his land. After dismissal of the earlier anticipatory bail petition, there is no change in fact-situation.

6. Taking into consideration the serious nature of allegation against these petitioners, this Court is not inclined to grant anticipatory bail to them. Hence, the Criminal Original Petition is dismissed.

sd/- 22/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 2.THE SUB INSPECTOR OF POLICE MADURAI DISTRICT CRIME BRANCH, ALAGARKOVIL ROAD, MADURAI.

RL/3 C- 28/1/2015

ORDER

IN CRL OP(MD) No.22663 of 2014 Date :22/01/2015 https://hcservices.ecourts.gov.in/hcservices/