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Madras High CourtCRL OP(MD)/18537/2016ordered

A.James Jayaprakash, v. The Inspector Of Police,

2016-09-27Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) Nos.18537 and 18539 of 2016 A.JAMES JAYAPRAKASH ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL OP(MD)No. 18537/2016 V.RAMAKRISHNAN ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL OP(MD)No. 18539/2016 Vs THE INSPECTOR OF POLICE, ANTI LAND GRABBING SPECIAL WING, DISTRICT POLICE OFFICE, TVS TOLLGATE, TRICHY-20, TRICHY DISTRICT.

(CRIME NO.NOT KNOWN IN 2016) ... RESPONDENT/COMPLAINANT IN BOTH THE PETITIONS FOR PETITIONER : M/S.R.SUNDAR, ADVOCATE IN BOTH THE PETITIONS FOR RESPONDENT : Mr.K.V.RAJARAJAN, GOVERNMENT ADVOCATE ( CRL. SIDE) IN BOTH THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners/accused, pray for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 420,406,467,468 and 506(ii)IPC in Cr.No.Not known of 2016 on the file of respondent.

2. The case of the prosecution is that by creating forged documents, accused cheated the defacto complainant and thereatened her.

3.Learned counsel for the petitioners submits that subsequent purchaser filed a suit in O.S.No.51 of 2016 before the Principal District Munsif, Trichy and the same is pending. https://hcservices.ecourts.gov.in/hcservices/ 4.Learned Government Advocate (Crl.Side)submits that there is

land dispute between the parties.

5. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate No.2, Trichy, within 15 days from the date of receipt of a copy of the order, (i) the petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the likesum to their satisfaction; (ii)the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii)the petitioners shall be available for interrogation by respondent police daily at 10.30 a.m for two weeks and thereafter as and when required.

sd/- 27/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, TRICHY.

2. THE CHEIF JUDICIAL MAGISTRATE, TRICHY.

3. THE INSPECTOR OF POLICE, ANTI LAND GRABBING SPECIAL WING, DISTRICT POLICE OFFICE, TVS TOLLGATE, TRICHY-20, TRICHY DISTRICT.

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

+ 2 CC to M/S.R.SUNDAR Advocate SR.No. 56353, 56352 ORDER IN CRL OP(MD) Nos.18537 & 18539/2016 CM Date :27/09/2016 TE/DB/SAR-I : 30/09/2016 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/