K.Muthukrishnan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.244 of 2015 1 K.MUTHUKRISHNAN 2 K.KUMARAVEL 3 K.ELUMALAI 4 M.SANTHI ... PETITIONERS/ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE ANTI LAND GRABBING SPECIAL CELL. DISTRICT POLICE OFFICE, TVS TOLLGATE, TRICHY-2, TRICHY DT. CR. NO. NOT KNOWN OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.SUNDAR Advocate 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 alleged offences punishable under Sections 419, 420, 465, 467, 470 and 471 of I.P.C., in Crime No.24 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2. The case of the prosecution is that the petitioner has created the document fraudulently and sold the property belonging to the de-facto complainant to third parties. The de-facto complainant questioned the same and the petitioner has threatened the de-facto complainant with dire consequences and on the complaint given by the de-facto complainant, a case has been registered for the aforesaid offences.
3. The case of the petitioners is that the property belongs to the father of petitioners 1 to 3 and he died on 20.09.1996 and after the death of the father, on 12.09.2008, the petitioners 1 to 3 executed a general power of attorney in favour of the fourth petitioner, who is the wife of the first petitioner. The fourth petitioner as a power agent executed three sale deeds in favour of third parties. Thereafter, they have filed a suit in O.S.No.1712 of 2008 on the file of District Munsif Court, Trichy against the brother of the petitioners 1 to 3 for injunction.
4. The learned counsel for the petitioners submitted that the purchasers have demanded for some other land and the first petitioner has executed a sale deed pertaining to the other landed property belongs to them and they have not executed any sale deed for the property belonging to the de-facto complainant. The learned counsel for the petitioners further submitted that the civil suits are pending against the de-facto complainant and the de-facto complainant also filed a suit against the petitioners.
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5. The learned Government Advocate (Crl.side) submitted that the investigation is pending.
6. Considering the facts and circumstances of the case and the civil suits are pending, 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 No.II, Trichy 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 the petitioners 1 to 3 shall appear before the respondent police daily at 10.00 a.m. until further orders and the fourth petitioner shall appear before the respondent police as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 24/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, TRICHY.
2 THE CHIEF JUDICIAL MAGISTRATE,TRICHY.
3 THE INSPECTOR OF POLICE ANTI LAND GRABBING SPECIAL CELL, DISTRICT POLICE OFFICE, TVS TOLLGATE, TRICHY 2. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1 CC to Mr.R.SUNDAR, Advocate, SR No.67129
ORDER
IN CRL OP(MD) No.244 of 2015 Date :24/11/2015 SH/SKS-JGB/SAR-I:30.11.2015:1P/6C https://hcservices.ecourts.gov.in/hcservices/