A.Sundararaju v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3731 of 2017 A.SUNDARARAJU ... PETITIONER/ACCUSED NO.3 Vs STATE THROUGH THE INSPECTOR OF POLICE ANTI LAND GRABBING SPECIAL CELL POLICE STATION, TRICHY DISTRICT, CRIME NO.73/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.E.KARTHIKEYAN Advocate For Respondent : MRS.S.PRABHA, 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 A-3, in Crime No.73 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 468, 471, 406, 417 and 420 of IPC and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The case of the prosecution is that the second accused had created a fake document and executed a power of attorney in favour of the first accused and both of them colluded together for impersonation and they cheated the defacto complainant. 4.The learned Government Advocate(Crl.Side) appearing for the respondent police, on instructions, submitted that the co-accused were arrested and released on bail by the Sessions Court and there is a land dispute.

5. The learned counsel for the petitioner submitted that the petitioner is a bonafide purchaser of the property and he is no way connected with the alleged occurrence and he has been falsely implicated in this case.

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6.Considering the facts and circumstances of the case and also considering the fact that there is a land dispute between the parties, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Special Learned Judicial Magistrate for Anti Land Grabbing Cases, Trichy and on his 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 petitioner shall appear before the respondent police once in a week i.e on every Monday at 10.30 a.m until further orders. 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/- 28/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE FOR ANTI LAND GRABBING CASES, TRICHY. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE INSPECTOR OF POLICE ANTI LAND GRABBING SPECIAL CELL POLICE STATION, TRICHY DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.E.KARTHIKEYAN Advocate SR.No.18541 cm SM/NDD/SAR-III/07.04.2017 :2P/6C

ORDER

IN CRL OP(MD) No.3731 of 2017 Date :28/03/2017 https://hcservices.ecourts.gov.in/hcservices/