Amran Ibrahim v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15362 of 2018 AMRAN IBRAHIM ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI DISTRICT.

CRIME NO.177 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.J.ANANDKUMAR, Advocate For Respondent : Mr.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 468, 471, 420 and 506 (i) of I.P.C. in Crime No.177 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that the property comprised in Old survey No.176/1, New survey No.51/1 for an extent of 96 cents situated at Kalikappan II Bit Village, Madurai District, has been settled by the mother of the petitioner herein infavour of the petitioner. This property originally belongs to the de-facto complainant/mother and she become absolute power of the subject property by Sridhana. Now, the petitioner demanded the de-facto complainant to sell the subject property in favour of the petitioner and also threatened her with dire consequences. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit the mother of the de-facto complainant settled the property in favour of the petitioner's grandfather for the loan obtained by her. After the death of his grandfather on 31.07.1986, the property devolves into his father and thereafter, his father by way of registered settlement dated 14.12.2009 settled the suit property in favour of the petitioner herein. The revenue records were also maintained in favour of the petitioner's name. In the meanwhile, the de-facto complainant also filed a suit in O.S.No.232 of 2010 before the learned District Munsif, Madurai and subsequently it was https://hcservices.ecourts.gov.in/hcservices/

withdrawn by the de-facto complainant. Thereafter, he filed the suit before the learned District Munsif Court, Melur and the suit was referred before the National Lok Adalat and before the Lok Adalat for including this property also and partition among the family members of the de-facto complainant. Therafter, the petitioner also challenged the said Lok Adalat Award in W.P.[MD]. No.3729 of 2018 before this Court and this Court granted an order of interim stay of all further proceedings of the Lok Adalat Award. Hence, he prays for anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances, the present complaint is civil in nature and already this Court granted interim stay in W.P.[MD].No.

3729 of 2018. Therefore, 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, Melur 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 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 made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 06/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, MELUR.

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

3. THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to Mr.J.ANANDKUMAR Advocate SR.No.17071 ORDER IN CRL OP(MD) No.15362 of 2018 Date :06/09/2018 MS/VR-MMS/SAR-4/14.09.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/