Madras High CourtCRL OP(MD)/3374/2019disposed of

Ramanathan v. The Inspector Of Police

2019-04-29Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.3374 of 2019 RAMANATHAN ... PETITIONER/ACCUSED No.5 Vs STATE REP.BY.

THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, SIVAGANGAI DISTRICT CRIME NO.4/2019 ... RESPONDENT/COMPLAINANT CHELLAKANNU ... PETITIONER/2ND RESPONDENT in CRL MP(MD)NO.3520/2019 in CRL OP(MD) No.3374/2019 For Petitioner : MR.C.M.ARUMUGAM, Advocate For Respondent : MR.S.CHANDRASEKAR, Additional Public Prosecutor For Intervenor : MR.K.RAJESHWARAN, 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 under Sections 120 (b), 468, 471 and 420 of IPC in Cr.No.4 of 2019, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioner is A5. One " X" was impersonated as subban who executed sale deed in favour of A1 and thereafter A1 executed power of attorney to A2. A2 inturn executed sale deed in favour of A3 and inturn A3 executed sale deed again in favour of A2. All the accused persons changed the patta in the name of A3 in patta No.1253.

3.The learned counsel appearing for the petitioner would submit that A1 & A4 were arrested and remanded to judicial custody. Thereafter, A1 & A4 filed an affidavit before this Court stating that they are ready to cancel the sale deed. Based on the affidavit https://hcservices.ecourts.gov.in/hcservices/

filed by A1 & A4, this Court granted bail to A1 & A4. This petitioner/A5 is also ready to cancel the sale deed in Document No.1412 of 2018. Hence, he prays anticipatory bail to the petitioner/A5.

4.The learned counsel for the intervenor vehemently opposed to grant anticipatory bail to the petitioner.

5.The learned Additional Public Prosecutor appearing for the respondent police on instruction would submit that on an earlier occasion the matter was came up for hearing before this Court on 25.02.2019. At that time the petitioner/A1 & A4 filed a affidavit as they were ready to cancel the sale deed, based on the affidavit filed by A1 & A4, this Court intendant to grant bail to A1 & A4. But, till date A1 & A4 had not cancelled the sale deeds. Hence, he vehemently opposed to grant anticipatory bail to the petitioner/A5. 5.Considering the facts and circumstances of the case and considering the fact that A1 & A4 had not been cancelled the sale deeds, this Court is not inclined to grant anticipatory bail to the petitioner/A5.

6. Hence the bail petition is dismissed.

sd/- 29/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, SIVAGANGAI DISTRICT 2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.K.RAJESHWARAN, Advocate SR.No.7916

ORDER

IN CRL OP(MD) No.3374 of 2019 Date :29/04/2019 (2/2) DSS PK/PN/SAR-1/09.05.2019 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/