V.Sakthinathan, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16454 of 2018 1.V.SAKTHINATHAN 2.S.DEVAKI 3.R.KARUPPAIAH 4.N.SURULIRAJ ... PETITIONERS / ACCUSED 1 to 4 Vs STATE REPRESENTED THROUGH THE INSPECTOR OF POLICE, ANTI-LAND GRABBING POLICE STATION, THENI.
(CRIME NO.33/2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.M.KANNAN 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 petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120(b), 417, 420, 465, 468, 471 and 506(ii) I.P.C. in Crime No.33 of 2018, seek anticipatory bail.
2.The case of the prosecution is that the first petitioner had executed a gift settlement deed of the joint family property in favour of the his wife, who is the second petitioner herein as if his own self acquired property. The third and fourth petitioners stood as witnesses to the said settlement deed. Hence, the complaint.
3.The learned counsel appearing for the petitioners would submit that the alleged settlement deed is subsequently cancelled by the first petitioner. He further submitted that his share only settled in favour of the second petitioner. Hence, he prays for anticipatory bail.
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4.The learned Additional Public Prosecutor appearing for respondent submitted that the investigation is pending. 5.It seems that the entire transactions are civil in nature. Taking note of the facts and 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 Special Court for Land Grabbing, Theni and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Special Judge 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. 6.The petitioners shall appear before the concerned Special Judge 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/- 17/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE SPECIAL JUDGE FOR LAND GRABBING, THENI 2.THE INSPECTOR OF POLICE, ANTI LAND GRABBING POLICE STATION, THENI.
3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MR.M.KANNAN Advocate SR.No.17644
ORDER
IN CRL OP(MD) No.16454 of 2018 Date :17/09/2018 msa AE/JC/SAR4/24.09.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/