Madras High CourtCRL OP(MD)/13694/2023disposed of

P.Rajarampandiyan v. The Inspector Of Police

2023-07-27Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13694 of 2023 P.Rajaram Pandiyan ... Petitioner / Accused Rank not known Vs State represented by The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.

Crime No. Unknown of 2023.

... Respondent/Complainant For Petitioner : M/s.S.Sarvagan Prabhu, Advocate For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. unknown of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused Rank not known, apprehending arrest at the hands

of the respondent police for the alleged offence punishable under Sections 406, 415 and 420 of IPC, in Crime No.not known of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that one Abirami, gave a complaint stating that she purchased a property in Survey No.156/3B4B and 156/4B2 situated in Vilacheri Village, Madurai South from this petitioner on 08.12.2021, measuring about 2024.75 Sq.ft. At the time of purchase, survey was made and boundary stone was also fixed. The neighbouring plot owner states that about 10 feet is encroached in his plot. He made enquiry at this petitioner, but no proper reply was given by him. On verification of the records they came to know that this petitioner is entitled for 1834 sq.ft but he executed a sale deed in excess of his right. When that was enquired she was criminally intimidated.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl.side) would submit that on the basis of the complaint given by one Abinaya, enquiry was conducted in C.No.2856 of 2023. During the course of enquiry, both sides appeared. An agreement was reached between the parties for which this petitioner undertook to execute a rectification deed

and also agreed to pay Rs.4,00,000/- as cost, for the excess land of one cent. On the basis of the undertaking given by the petitioner, the complaint was closed.

5. Since the complaint given by the defacto complainant was already closed, nothing survives for adjudication in this petition and this Criminal Original Petition stands disposed of.

sd/- 27/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO 1 THE INSPECTOR OF POLICE NAGAMALAIPUDUKOTTAI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.SARVAGAN PRABHU.S. Advocate SR.No.11380

ORDER

IN CRL OP(MD) No.13694 of 2023 Date :27/07/2023 SS/BUC/10/08/2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023