Pothialagan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifteenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7718 of 2015 POTHIALAGAN ... PETITIONER/5TH ACCUSED Vs THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, ANTI LAND GRABBING SPECIAL CELL, DINDIGUL & DISTRICT, CRIME NO.4/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.SELVARAJ 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 petitioner, who is arrayed as A5, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 120, 465, 468 and 471 of I.P.C. in Crime No.4 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the de-facto complainant had purchased the land in dispute from the grand father of A1 to A4 on 29.06.1960 and thereafter, there was a civil dispute with regard to the above said property. They filed a suit in O.S.No.651 of 1973 and subsequently, a settlement was arrived at between the parties and now A1 to A4 have taken A5, who also have the same name of the husband of the de-facto complainant and got a sale deed in their favour.

3.The learned counsel for the petitioner submitted that the petitioner is a senior citizen aged about 70 years and he was not aware of the nature of the deed and he had signed only as a witness. He further submitted that A1 to A4 and A8 to A10 were granted anticipatory bail by the Court of Sessions, Dindigul.

4. The learned Government Advocate (Crl.side) would submit that the prime accused Nos.1 to 4 and 8 to 10 were released on anticipatory bail and the petitioner had signed in the sale deed in favour of the accused Nos.1 to 4.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

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6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the Special Court for Land Grabbing Cases in Magisterial Level, Madurai and on 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 Judge concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. for period of two weeks and thereafter as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner 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/- 15/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL COURT FOR LAND GRABBING CASES IN MAGISTRATE LEVEL, MADURAI 2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, ANTI LAND GRABBING SPECIAL CELL, DINDIGUL & DISTRICT.

3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.SELVARAJ Advocate SR.No.31167

ORDER

IN CRL OP(MD) No.7718 of 2015 Date :15/06/2015 NA/KBM/17/06/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/