Sirajuddeen v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6486 of 2015 1 SIRAJUDDEEN 2 FATHIMA ... PETITIONERS / ACCUSED 3 & 4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, FORT. POLICE STAITON,(CRIMES), TRICHY CITY, CRIME NO.214/2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.JAMEEL ARASU, Advocate For Respondent : M/S.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 A.3 and A.4 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 465, 467, 468, 471 and 506(i) I.P.C. in Crime No.214 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2. The case of the prosecution is that the accused, by fabricating the documents, sold the property to the defacto complainant.
3. The learned Counsel for the petitioners submitted that the petitioners are the bonafide purchasers, by virtue of the sale deed dated 12.06.2014 and the petitioners after coming to know about the fact that their vendor did not have a valid title, they filed a private complaint before the Judicial Magistrate NO.I, Trichirapalli and thereafter sent their complaint to the Chief Minister's cell and also issued a public notice on 02.07.2014 and also gave a letter to the Bank to stop payment of money for the cheque issued to the first https://hcservices.ecourts.gov.in/hcservices/ accused. The learned Counsel for the petitioners submitted that the
petitioners are the bonafide purchasers and they have nothing to do with the allegations made in the complaint.
4. The learned Government Advocate (Crl.Side) would submit that the accused have conspired together and got transferred of the land to the defacto complainant.
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.II, Trichy 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 10.00a.m. until further orders. The petitioners shall comply with the conditions 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/- 22/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, TRICHY.
2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE INSPECTOR OF POLICE, FORT. POLICE STAITON, (CRIMES), TRICHY CITY, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.B.JAMEEL ARASU, Advocate SR.No.21436. ORDER IN CRL OP(MD) No.6486 of 2015 msm 27.04.2015 p2/6c Date :22/04/2015 https://hcservices.ecourts.gov.in/hcservices/