Vijayarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13965 of 2018 1 VIJAYARAJAN 2 RAMAR 3 DHANALAKSHMI 4 GANESHWARI 5 JEYALAKSHMI 6 SUBASRI 7 SURYALAKSHMI 8 GOKILAVANI 9 KATHIRVELPANDIAN 10 THANGAIAH ... PETITIONERS / ACCUSED NO.1 TO 10 Vs STATE REP.BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THENI DISTRICT.

CRIME NO.29 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.M.PRABHU, Advocate For Respondent : Mr.A.ROBINSON, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused No.1 to 10 apprehending arrest at the hands of the respondent police for the offences punishable under Sections 120(b), 420, 465, 468, 471 of IPC, in Crime No.29 of 2018, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent. 3.The case of the defacto complainant is that the property in question belongs to him. According to him petitioners 3 to 9 have executed a joint Power of Attorney in favour of the first and second petitioners. Based on which sale deed has been executed in favour of the 10th petitioner herein. This Court is of the view that if there is no impersonation or commission of forgery, the offences in question may not be made out against the petitioners. https://hcservices.ecourts.gov.in/hcservices/

4.Therefore, taking into account of these circumstances, 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 cum Special Court (Anti land grabbing) Theni and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common 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 conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.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 shall stand dismissed.

sd/- 03/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE CUM SPECIAL COURT(ANTI LAND GRABBING), THENI.

2. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THENI DISTRICT.

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

+1. CC to Mr.M.PRABHU Advocate SR.No.15071

ORDER

IN CRL OP(MD) No.13965 of 2018 Date :03/08/2018 MS/PN/SAR-1/09.08.2018/2P.5C https://hcservices.ecourts.gov.in/hcservices/