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Madras High CourtCRL OP(MD)/7001/2021granted

Sundararajan v. The Inspector Of Police

2021-06-08Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/06/2021 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. Sundararajan

2. Kannan

3. Soniya ... Petitioners/Accused Nos.1 to 3 Vs State represented by The Inspector of Police, District Crime Branch, Tirunelveli, Tirunelveli District.

Crime No.8 of 2021.

... Respondent/Complainant For Petitioners: Mr.S.R.A.Ramachandhran, Advocate.

For Respondent : Mr.T.Senthilkumar, Government Counsel (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.8 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel on either side.

2.The petitioners apprehend arrest at the hands of the respondent police for the offence punishable under Sections 420, 465, 467, 468 and 471 of IPC in Crime No.8 of 2021 on the file of the respondent police and seek anticipatory bail. 3.The case of the prosecution is that the 1st petitioner, who is the brother of the de-facto complainant had dealt with the property that was allotted to the de-facto complainant in a partition held in the year 1975. The 1st petitioner had settled 4 cents of land 1/3

belonging to the de-facto complainant in favour of the 2nd petitioner, who is none other than his son. Thereafter, the 2nd petitioner had transferred the same in favour of his wife, the 3rd petitioner herein.

4.When the matter was listed before this Court on the earlier occasion, the petitioners were called upon to file an affidavit stating that they have not dealt with the property that was allotted to the defacto complainant. To this effect, an affidavit has also been filed.

5.In this view of the matter, arrest of the petitioners is not going to serve any purpose. That apart, the subject matter is also pending adjudication in O.S.No.75 of 2015 on the file of the Sub Court, Ambasamudram. Hence, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest by the respondent police on executing personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] each with two sureties each for a likesum to the satisfaction of the respondent police and on further condition that the petitioners shall appear before the learned Judicial Magistrate No.II/Special Court for Anti-land Grabbing Wing, Tirunelveli, Tirunelveli District and execute fresh personal bonds for a sum of Rs.

[a]the sureties shall affix their photographs and Left Thumb Impression in the surety bonds and the Magistrate may obtain a copy of their Aadhar cards or Bank pass Books to ensure their identity; [b]the petitioners shall report before the respondent police as and when required for interrogation;

[c]the petitioners shall not abscond either during investigation or trial;

[d]the petitioners shall not tamper with evidence or witness either during investigation or trial;

[e]on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; and 2/3

[f] if the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 08/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE NO.II/ SPECIAL COURT FOR ANTI-LAND GRABBING WING, TIRUNELVELI, TIRUNELVELI DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUNELVELI, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.7001 of 2021 Date :08/06/2021 MM MS/MNR/SAR-3/11.06.2021/3P.5C 3/3