Sundaresan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10943 of 2016 SUNDARESAN ... PETITIONER/SOLE ACCUSED Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION.

IN CR.NO. 237 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : No Appearance For Respondent : Mr.P.KANNITHEVAN, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 420 of IPC, in Crime No.237 of 2015, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant and one Vijay Bama Rathi are the owners of the property in Survey No.236/1, Kodaikanal Village. Believing the words of the petitioner that petitioner is owner of property in S.No.236/2, the defacto complainant and said Vijai Bama Rathi purchased land in Survey No.236/2 from the petitioner. Subsequently, they came to know that the petitioner is not the owner of the property in Survey No.236/2 and he sold the property to the defacto complainant without having any valid title. On complaint, case has been registered for the above said offences.

3.The case was posted on 04.07.2016 on that day there was no representation for the petitioner and the case was adjourned to 05.07.2016 under the caption "for dismissal". Today also there is no representation for the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl.side) submitted that without having any valid title, the petitioner sold the property to

the defacto complainant and another person. Investigation is pending.

5.Considering the serious allegations made against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed. sd/- 05/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.10943 of 2016 Date :05/07/2016 am SH/AAL-MPA/SAR-I:13.07.2016:2P/3C https://hcservices.ecourts.gov.in/hcservices/