Gurunathan v. The Inspector Of Police
CRL OP(MD). No.14417 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14417 of 2022
1. Gurunathan
2. Subramanian
3. Muthusamy
4. Murugan ... Petitioners/Accused No.3,4,6 & 7 Vs The State rep.by, The Inspector of Police, District Crime Branch (ALGSC), Tenkasi District, (In Crime No.8 of 2022) .. Respondent/Complainant For Petitioners :
M/s.Ponraj.P, 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.8 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 420, 423, 465, 468, 471, 120(B) IPC, in Crime No.08 of 2022, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the property under dispute was originally purchased by one Subbaiyah Naiker from one Syed Sulaiman in the year 1950. From the above said Subbaiyah Naiker, the mother of the defacto complainant purchased a portion of property, admeasuing 35 cents in the year 1954. His mother died in the year 1985 and his father died in the year 1988. The remaining portion of 35 cents, in the disputed property was purchased by one Veerava Naiker. After his death, his legal heirs partitioned the said property, including the property, which was purchased by the mother of the defacto complainant, by way of forged documents. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are arrayed as A3, A4, A6, A7 and on knowing about the https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.14417 of 2022 mistake committed, they cancelled the above said settlement deed on 12.07.2022. Hence, prays to release them on anticipatory bail.
4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the accused persons cancelled the settlement deed on 12.07.2022.
5. Considering the property dispute between the parties and considering the above development made, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Special Judicial Magistrate, Anti Land Grabbing Cases, Tirunelveli, on condition that the petitioners shall execute 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 Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioners 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 stands dismissed.
sd/- 01/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SPECIAL JUDICIAL MAGISTRATE, ANTI LAND GRABBING CASES, TIRUNELVELI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH (ALGSC), TENKASI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.14417 of 2022 Date :01/09/2022 PNM MK/VR/SAR.I/09.09.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2