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Madras High CourtCRL OP(MD)/23235/2016dismissed

Poonalagu, v. The Inspector Of Police,

2016-12-19Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23235 of 2016 POONALAGU, ... PETITIONER / ACCUSED (RANK NOT KNOWN) Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, ANTI LAND GRABBING SPECIAL CELL, MADURAI CITY.

(CR.NO.NOT KNOWN OF 2016) ... RESPONDENT / COMPLAINANT K.KANNAN ... PETITIONER/DEFACTO COMPLAINANT For Petitioner : M/S.T.LENIN KUMAR Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) For Intervenor : MR.P.SONA ALAGESH,Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 420, 465 and 468 of I.P.C in Crime No.Not Known of 2016 on the file of the respondent police, seeks anticipatory bail. 2.Heard the learned counsel appearing for the petitioner; the learned counsel for the intervenor and the learned Government Advocate(Crl. Side) appearing for the respondent/State. 3.The learned Government Advocate(Crl.

Side) on instructions would submit that no F.I.R is registered and no F.I.R is pending against the petitioner, but the petition enquiry alone is pending and alleged threat of arrest is not true, at this stage. 4.The learned counsel for the intervenor states that a suit was filed by her in O.S.No.13 of 2015 declaring the sale deed as null and void.

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5.The learned counsel for the petitioner states that the respondent Police are harassing the petitioner during enquiry. 6.Considering the above facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition is dismissed with an observation that the respondent police should not harass the petitioner during the enquiry and the respondent police are directed to register the FIR or to close the enquiry, without any further delay.

sd/- 19/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, ANTI LAND GRABBING SPECIAL CELL, MADURAI CITY. 2 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.LENIN KUMAR Advocate SR.No.82066.

ORDER

IN CRL OP(MD) No.23235 of 2016 Date :19/12/2016 AM/CK/SAR-1/22.12.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/