V. Janarthanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.429 of 2016 V. JANARTHANAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE OF TAMILNADU REP.BY THE INSPECTOR OF POLICE (ALGSC), ANTI-LAND GRABBING SPECIAL CELL, RAMANATHAPURAM.
CRIME NO. 66/2015 ... RESPONDENT/COMPLAINANT For Petitioner : MR.AL.KANNAN, Advocate for M/S R.SUNDAR SRINIVASAN Advocate For Respondent : MR.K.ANBARASAN, 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 as accused in Crime No.66 of 2015 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 420, 423, 465, 468 and 471 of I.P.C in Crime No.66 of 2015 and hence, seeks anticipatory bail.
2. The case of the prosecution is that the owner of the property in question is one Devasahayam, s/o.Vellaiyan and he sold the property to the defacto complainant on 23.04.1984. The said Devasahayam sold the very same property to M/s.Disk Agro Tech Limited through the petitioner, who is the Executive Director, on 15.10.2008. When the same was questioned, the petitioner refused to give any information and tried to attack the defacto complainant. Hence, on the complaint given by the defacto complainant, the present case has been registered.
3. The case of the petitioner is that the petitioner is the Executive Director of M/s.Disk Agro Tech Limited and purchased the property by a registered sale deed in document No.2035/2008, dated 05.10.2008, on the file of the Sub-Registrar Office, Perunazhi after verifying the encumbrance certificate and other documents and he is in possession and enjoyment of the same from the date of purchase.
4. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.
5.Considering the facts and circumstances of the case and also considering the fact the petitioner is a bonafide purchaser, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail https://hcservices.ecourts.gov.in/hcservices/
in the event of arrest or on his appearance before the learned Judge, Special Court for Anti Land Grabbing, Ramanathapuram 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 daily at 10.00 a.m. Until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6.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/- 18/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SPECIAL COURT FOR ANTI LAND GRABBING, RAMANATHAPURAM. 2 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
3 THE INSPECTOR OF POLICE (ALGSC), ANTI-LAND GRABBING SPECIAL CELL, RAMANATHAPURAM.
+1. CC to M/S R.SUNDAR SRINIVASAN Advocate SR.No.3054 pm CSL/SK-SKN/SAR-II/21.01.2016/2p/5c
ORDER
IN CRL OP(MD) No.429 of 2016 Date :18/01/2016 https://hcservices.ecourts.gov.in/hcservices/