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Madras High CourtCRL OP(MD)/10458/2019dismissed

Chinnadurai v. The Inspector Of Police

2019-09-04Honourable Mr Justice G.R.Swaminathan2 pages

S/o Kanthan, No.10/12, Keelavoor, BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). Nos.10458 and 10467 of 2019 and Crl.M.P.Nos.7646 and 7647 of 2019 Chinnadurai ... Petitioner/Accused No.2 in Both Petitions Vs State rep by The Inspector of Police, District Crime Branch, Thoothukudi District.

... Respondent/Complainant in Both Petitions Crime No.10 of 2019 ...CRL OP(MD)No.10458 of 2019 Crime No.11 of 2019 ...CRL OP(MD)No.10467 of 2019 For Petitioner : M/s.S.Selvakumar, Advocate.

In Both Petitions For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) In Both Petitions For Intervenor : Mr.S.Vijayakumar Advocate In Both Petitions PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- For Anticipatory Bail in Cr.Nos.10 and 11 of 2019 on the file of the respondent police COMMON ORDER : The Court made the following order :- The petitioner/Chinnadurai is shown as accused in Crime Nos.10 and 11 of 2019, registered on the file of the District Crime Branch, Thoothukudi. He apprehending arrest at the hand of the respondent for the offences under Sections 406 and 420 of I.P.C., seeks anticipatory bail.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

S/o Kanthan, No.10/12, Keelavoor, 2.The case of the defacto complainants is that they purchased lands from the petitioner for consideration. It turned out that there is no land as per the sale deeds. The defacto complainant placed reliance on memorandum bearing X.K. (M6) 5941/2018, dated 03.09.2018 issued by the Tahsildar, Thoothukudi, in this regard. The specific case of the defacto complainant is that no land is existing on ground as per the sale deeds executed by the petitioner in favour of the two defacto complainants. It is not statement made in air. It is duly backed by the memorandum issued by the jurisdictional Tahsildar.

This Court wanted to know from the petitioner's counsel, if the petitioner is willing to return the sale consideration after getting sale deeds cancelled, this Court would be inclined to grant relief to the petitioner but the petitioner is not responding to the suggestion put forth by the Court. Therefore, I am of the view that the petitioner is not entitled to any relief. These criminal original petitions stands dismissed. Consequently, connected miscellaneous petitions are closed.

sd/- 04/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THOOTHUKUDI DISTRICT.

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

+1. CC to Mr.S.VIJAYAKUMAR Advocate SR.No.85350

ORDER

IN CRL OP(MD). Nos.10458 and 10467 of 2019 and Crl.M.P.Nos.7646 and Date :04/09/2019 TK/PN/SAR.3/13.09.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2