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Madras High CourtCRL OP(MD)/6227/2015ordered

A. Jeyapaul v. The Inspector Of Police

2015-04-27Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6227 of 2015 1 A. JEYAPAUL 2 A. JEYACHANDRAN ... PETITIONERS/ACCUSED NOS.1 & 2 Vs STATE REP BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH (DCB), MADURAI DISTRICT, CRIME NO.30/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.LAJAPATHI ROY Advocate For Respondent : MR.K.V.RAJARAJAN, 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 Nos.1 and 2, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 120(b), 419, 468, 471 and 420 of I.P.C., in Crime No.30 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The de-facto complainant alleged that his grand father Sannasi Samban, S/o. Andi Samban was the original owner of the property and the accused by creating documents sold the property.

3. The learned counsel for the petitioners submitted that the original owner Sannasi Samban had sold the property by a registered sale deed dated 22.11.1934, to one Muthukrishna Ammal and thereafter, the said Muthukrishna Ammal bequeath the property in favour of the petitioners by a registered Will dated 01.12.1978. The petitioners have formed a lay out and they had also sold them in the year 1998, but the complaint was given on 23.07.2014. The learned counsel for the petitioners further submitted that in the patta proceedings, the Tahsildar has found that the petitioners are the owners of the property.

4. The learned Government Advocate (Crl.side) submitted that the case was registered on the reference under Section 156(3) of Cr.P.C., and the investigation is at the initial stage. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, 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 arrest or on their appearance before the learned Judicial Magistrate No.I, Madurai, Madurai District 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 condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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/- 27/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, MADURAI, MADURAI DISTRICT 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH (DCB), MADURAI DISTRICT 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.LAJAPATHI ROY Advocate SR.No.22656

ORDER

IN CRL OP(MD) No.6227 of 2015 Date :27/04/2015 NA/29/04/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/