Thamarai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13907 of 2017 1 THAMARAI 2 PRASANNA PRIYADHARSHINI ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, LAND GRABBING SPECIAL CELL, THE COMMISSIONER OF POLICE OFFICE CAMPUS, 3RD FLOOR, ALAGARKOVIL ROAD, MADURAI CITY.

(IN CRIME NO.74 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioners : M/S.NAVANEETHA RAJA Advocate For Respondent : MR.K.ANBARASAN, Government 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 Rank not known, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 465, 468, 420, 120(b) and 506(i) in Crime No.74 of 2017, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is said to have been the owner of the property in question. The petitioners and others created a forged and fabricated document and thereafter, sold the property to the petitioner. Aggrieved by the same, the defacto complainant lodged a complaint before the respondent police.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that there was a civil dispute between the parties regarding the same property.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that the petitioners and others created bogus Patta and the same was not issued by any of the authority. He further submitted that on strength of the bogus Patta created a sale deed and enjoyed the property.

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6.Considering the facts and circumstances of the case, I am 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Madurai District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioners shall report before the respondent police as and when required for interrogation;

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial.

(iii) the petitioners shall not commit any offence while on bail;

(iv) On breach of any of the aforesaid conditions, the petition for anticipatory bail stands dismissed.

sd/- 13/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, LAND GRABBING SPECIAL CELL, THE COMMISSIONER OF POLICE OFFICE CAMPUS, 3RD FLOOR, ALAGARKOVIL ROAD, MADURAI CITY.

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

+1. CC to M/S.S.M.A.JINNAH Advocate SR.No.32882

ORDER

IN CRL OP(MD) No.13907 of 2017 Date :13/10/2017 PK/CM-MSA/SAR-2/23.10.2017 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/