Sanjai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Sanjai.N ... Petitioner/Accused No.4 Vs The Inspector of Police, Land Grabbing Special Cell, Commissioner Office, Madurai City.
Cr.No.2 of 2022.
... Respondent/Complainant For Petitioner : Mr.S Raja, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.2/2022 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in 1/5
connection with a case in Crime No.2 of 2022, for the offence punishable under Sections 419, 420, 465, 467, 468, 471 and 447 IPC, has filed this petition seeking anticipatory bail.
2. The case of the prosecution is that the petitioner and other accused have illegally transferred the defacto complainant's property to their names. Hence, the case.
3. The learned counsel appearing for the petitioner submits that the petitioner was already granted anticipatory bail by this Court in Crl.O.P(MD)No.12488 of 2022, dated 10.03.2023 with a condition that the petitioner shall appear before the respondent police and to furnish the sureties within a period of fifteen days. He further submits that due ill health, the petitioner could not appear before the respondent police and furnish the sureties. He has also produced some medical certificates to that effect. Hence, he prays for grant of anticipatory bail to the petitioner.
4. Since this Court has already granted anticipatory bail to the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 2/5
5. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of his arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate on condition that (i) the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand), with two sureties each for a like sum to the satisfaction of the learned (*)Judicial Magistrate No.I, Madurai District. (ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;
(iii) After fifteen days from today, the petitioner shall appear before the respondent police daily at 10.30 am until further orders for interrogation. He has to co-operate for the investigation.
(iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. 3/5
(v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 28/06/2024 (*)Amended as per Order of the Court dt.29/07/2024 in Crl.MP(MD).7524 of 2024 by AANJ.
/ TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO TO BE SUBSTITUTED WITH THE ORDER DT.28/06/2024 ALREADY DESPATCHED 1 THE JUDICIAL MAGISTRATE /SPECIAL COURT FOR LAND GRABBING, MADURAI DISTRICT.
2 THE JUDICIAL MAGISTRATE No.I, MADURAI DISTRICT. 3 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 4 THE INSPECTOR OF POLICE LAND GRABBING SPECIAL CELL, COMMISSIONER OFFICE, MADURAI CITY.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.S.RAJA, Advocate ( SR-8856[I] dated 29/07/2024 )
ORDER
IN CRL OP(MD) No.8786 of 2024 Date :28/06/2024 SS/JGB/SAR- /05/07/2024/4P/6C GNS SA/JGB/SAR. /12.08.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5