Aucknas v. The Inspector Of Police
CRL OP(MD). No.3621 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/03/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.3621 of 2020 1 AUCKNAS 2 NAGENDRAN ... PETITIONERS / ACCUSED(RANK NOT KNOWN) Vs THE STATE REP.BY THE INSPECTOR OF POLICE ANTI LAND GRABBING SPEICAL CELL, THIRUMAYAM ROAD, PUDUKKOTTAI DISTRICT.
(IN CRIME NO. NOT KNOWN OF 2020) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.J.Sulthan Basha for M/S.Ajmal Associates, For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PRAYER :- for Anticipatory Bail in Crime No.Not Known of 2020 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 406 and 420 of IPC, in Crime No.Not Known of 2020, on the file of the respondent police, seek anticipatory bail.
2.The defacto complainant is the purchaser from the petitioners herein a piece of land on 20.10.2014. It is now found to be land owned by the temple. Alleging that suppressing the defect in the title, the petitioner herein has sold the property, the complaint has been filed for offences under Sections 406 and 420 of IPC. https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.3621 of 2020 3.The learned counsel appearing for the petitioners would submit that the petitioners purchased the piece of land from one Nallusamy in the year 1999 and in turn sold it to the petitioner on 04.07.2014. They are bona fide purchaser from Nallusamy and sold it to the defacto complainant. Hence, the defacto complainant has also mutated the revenue records in her favour by proceedings of the Thasildar on 31.08.2015.
4.On perusing the documents produced by the petitioners herein, this Court finds that based on some records the petitioner is in possession and sold it to the defacto complainant in the year 2014. It is now found to be property owned by the temple. In such case, if the petitioners participated in the investigation and produced all the documents, the police shall consider the records and take appropriate action. Since the matter appears to be civil in nature, no anticipatory bail is required.
5.Hence, this criminal original petition is dismissed. sd/- 13/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE ANTI LAND GRABBING SPEICAL CELL, THIRUMAYAM ROAD, PUDUKKOTTAI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-5289[I] dated 16/03/2020 )
ORDER
IN CRL OP(MD) No.3621 of 2020 Date :13/03/2020 VSG JM/PN/SAR 2/15.05.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2