Subramani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9437 of 2016 1 SUBRAMANI 2 PASUPATHI 3 NAVANEETHA 4 YASODA 5 KALIAPPAN 6 pALANISAMY ... PETITIONER/ACCUSED 1 TO6 Vs STATE REB.BY THE INSPECTOR OF POLICE EADAYAKOTTAI POLICE STATION, DINDIGUL DISTRICT.

CRIME NO. 163 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S C.RAMKUMAR Advocate For Respondent : M/S.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 6, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 424 and 420 of IPC, in Crime No.163 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the land in question belonged to the defacto complainant, knowing fully well that, the first petitioner who is not the owner of the property and not having any title settled the property on his daughter and partitioned the property. On complaint, a case has been registered against the petitioners.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that there is a land dispute between the petitioners and defacto complainant by oversight, the land belonging to the defacto

complainant was included in the settlement. On coming to know of the mistake, the petitioners cancelled the settlement deed and partitioned deed. Further, the defacto complainant encroached 41 cents of land belonged to the first petitioner and the first petitioner had given a complaint against the defacto complainant. He further submitted that the defacto complainant insisting the first petitioner to withdraw the said complaint. Due to that motive, a false complaint has been given against the petitioners and prays for granting anticipatory bail in favour of the petitioners.

4. The learned Government Advocate (Crl.Side) submitted that the occurrence took place in the year 2008, but, the complaint has been given on 23.12.2015. Now, the petitioners cancelled the settlement deed and partition deed and the investigation of the case is pending.

5.Considering the facts and circumstances of the case and also considering the fact that the occurrence took place in the year 2008 and that the complaint has been given on 23.12.2015 and that first petitioner had cancelled the settlement deed and partition deed with regard to the property in question, which was included in the settlement, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Ottanchattiram and on each of them 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 petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioners 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/- 17/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, OTTANCHATTIRAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, EADAYAKOTTAI POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to M/S C.RAMKUMAR Advocate SR.No.31250

ORDER

IN CRL OP(MD) No.9437 of 2016 Date:17/06/2016 SDR/ARK-PV/SAR I/21.06.2016/3P/6C