Jai Singh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22926 & 22940 of 2015 1 JAI SINGH 2 SUNDAR SINGH 3 RUBI ... PETITIONERS/ACCUSED(RANK NOT KNOWN)IN CRL.OP(MD).No.22926/15 1 THANGARAJ 2 GNANAGEETHAM ... PETITIONERS/ACCUSED(RANK NOT KNOWN)IN CRL.OP(MD).No.22940/15 Vs STATE REP BY THE INSPECTOR OF POLICE ANTI LAND GRABBING SPECIAL CELL, DINDIGUL DISTRICT.
(CRIME NO. 65 OF 2015) ... RESPONDENT/COMPLAINANT IN BOTH CASES For Petitioner : M/S P.T.RAMESH RAJA Advocate (IN CRL.OP(MD).No.22926/2015) AND M/S P.T.RAMESH RAJA Advocate for MR.R.PON KARTHIEKYAN(IN CRL.OP(MD).No.22940/2015) For Respondent : MR.K.ANBARASAN 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 Accused, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120(B), 420, 465, 468, 341, 294(b) and 506(i) of IPC and in Crime No.65 of 2015, on the file of the respondent police and hence, seek anticipatory bail.
2. The case of the prosecution is that the grandmother of the de-facto complainant is the owner of the property in S.No.692, measuring an extent of 18 cents. Her grandmother executed a Gift deed, dated 04.05.1980, in her favour. One Apollo grabbed the said land and sold it to various third parties. Hence, the de-facto complainant has given the complaint for the offences stated above.
3. The case of the petitioners is that one Apollo sold 18 cents of land by two sale deeds in the year 1974 itself. From that date onwards, various transactions were taken place and the petitioners in Crl.O.P.(MD) No.22926 of 2015 inherited the property and the petitioners in Crl.O.P.(MD) No.22940 of 2015 are the subsequent purchasers of the property and they are in possession and enjoyment of the property. The petitioners in Crl.O.P.(MD) No.22926 of 2015 filed a suit in O.S.No.105 of 2015 on the file of the District Munsif Court, Kodaikanal, for permanent injunction and obtained an order of interim injunction.
4. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.
5. The learned Government Advocate (Criminal side) submitted that one Apollo sold the land in the year 1974 itself and various transactions were taken place from that date.
6. Considering the facts and circumstances of the case and also the fact that one Apollo sold the land in the year 1974 itself and various transactions were taken place from that date, custodial interrogation of the petitioners is not necessary. Hence, 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 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. until further orders. The petitioners shall comply with the conditions 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/- 06/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, SPECIAL COURT FOR LAND GRABBING CASES, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE,MADURAI 3 THE INSPECTOR OF POLICE, ANTI LAND GRABBING SPECIAL CELL, DINDIGUL DISTRICT.
4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+2. CC to M/S P.T.RAMESH RAJA Advocate SR.No.826,827
ORDER
IN CRL OP(MD) No.22926 & 22940 of 2015 Date :06/01/2016 AA/SKS-RR/SAR-II/11.01.2016/3p-7c