Khaja Mohaideen, v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.13942 of 2018 KHAJA MOHAIDEEN, ... PETITIONER / ACCUSED NO.2 Vs THE STATE THROUGH THE SUB INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUNELVELI.

IN CR.NO.8/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. I. SABEER MOHAMED Advocate For Respondent : Mr.M.V.NEELAKANDAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 423, 465, 468, 471 and 120(b) I.P.C. in Crime No.8 of 2017, seeks anticipatory bail. 2.The case of the prosecution is that the property in question belong to one Sheik Kansoor, who is the brother of one Meeran Mohindeen and the said property was partitioned in the year 1928. The said Sheik Kansoor had sold his share of 8 acres and 44 cents to one Hariharan, who in-turn sold the same to the defacto complainant.

That the petitioner along with other accused persons have created documents in respect of the said property and executed a power of attorney in favour of one Rajesh who in-turn sold the property to A10 for a valuable consideration. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person. He has been falsely implicated in this case. He further submits that the co-accused had already been granted anticipatory bail by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

4. Heard the learned Additional Public Prosecutor appearing for the respondent.

https://hcservices.ecourts.gov.in/hcservices/ 5.It is seen that the co-accused namely A9 and A10 were already granted anticipatory bail by this Court. Taking note of the facts

and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate (Land Grabbing), Tirunelveli 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 and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 07/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE(LAND GRABBING), TIRUNELVELI.

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

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

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

+1. CC to M/S. I. SABEER MOHAMED Advocate SR.No.15190

ORDER

IN CRL OP(MD) No.13942 of 2018 Date :07/08/2018 MV:RR:SAR2:21/08/18/2P/6C https://hcservices.ecourts.gov.in/hcservices/