Xavier Luke v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.23005 of 2014 XAVIER LUKE ... PETITIONER/ACCUSED NO. 6 Vs STATE REP BY THE INSPECTOR OF POLICE VIJAYANARAYANAM POLICE STATION, TIRUNELVELI DIST, CR.NO.120/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.SASIKUMAR Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- On 20.01.2015 this Court granted interim anticipatory bail with the direction to the petitioner to appear before the respondent police and give his thumb impression and specimen signatures etc. and co-operate with the investigation. Today the police is present.

2. The learned Government Advocate on instruction from the police would submit that the petitioner has not complied with the order of this court by appearing before the respondent police. The Police have filed status report in which they have stated that they had gone to search the place of residence of the accused for getting necessary documents. The crux of the prosecution is that the land in question belongs to defacto complainant and that the first accused had impersonated the defacto complainant along with the second accused and had given power of attorney on 13.01.1997 in favour of the third accused. On the strength of power of attorney, the third accused had sold a portion of property to the fourth accused. It is seen that the petitioner has purchased 9 acres of the said land on 20.07.2011.

Since the petitioner did not comply with the orders of this Court and in view of the serious allegation against the petitioner found in the status report, that has been filed by the respondent police, this Court is not inclined to grant anticipatory bail to the petitioner. This petition is dismissed. sd/- 10/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE SPECIAL JUDGE FOR LAND GRABBING CASES, TIRUNELVELI. 2 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE INSPECTOR OF POLICE VIJAYANARAYANAM POLICE STATION, TIRUNELVELI DISTRICT.

ORDER

IN CRL OP(MD) No.23005 of 2014 Date :10/02/2015 AA/13.02.2015/2p- 4c/ https://hcservices.ecourts.gov.in/hcservices/