Madras High CourtCRL OP(MD)/19163/2019partly allowed

N. Sakthivel v. The Sub Inspector Of Police

2019-12-19Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.19163 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/12/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.19163 of 2019 1.N.Sakthivel 2.Rahini 3.Selvaraj ... Petitioners/Accused Nos.1,2,5 Vs The State rep.by The Sub Inspector of Police, Anti Land Grabbing Wing, Dindigul District.

Crime No.6/2015 ... Respondent/Complainant For Petitioners : M/s.P.Muthusamy, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in C.C. No.35/2019 on the file of the Special Judicial Magistrate Exclusive Trial for Anti Land Grabbing Cases, Madurai.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 120(b), 420, 468, 465, 471 of I.P.C., in Crime No.6 of 2015 on the file of the respondent police and the absconding charge sheet in C.C.No.35 of 2019 before the Special Judicial Magistrate Exclusive Trial for Anti Land Grabbing Cases, Madurai, seek anticipatory bail.

3. The petitioners 1 and 2 herein along with A3 filed Crl.O.P. (MD)No.13186 of 2015 before this Court. By order dated 01.09.2015, anticipatory bail was granted to A2 and A3 while the same was https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.19163 of 2019 dismissed in the case of the first petitioner herein(A1). Charge sheet has now been filed.

4.Since this Court had earlier dismissed the first petitioner's anticipatory bail, I am not inclined to grant anticipatory bail to the first petitioner. This Criminal Original Petition is dismissed as regards the first petitioner is concerned. Taking note of the limited role played by the petitioners 2 and 3, anticipatory bail is granted to the petitioners 2 and 3.

5.In the view of the above, I am inclined to grant anticipatory bail to the petitioners 2 and 3 with certain conditions. Accordingly, petitioners 2 and 3 are ordered to be released on bail in the event of arrest or on their appearance before the learned Special Judicial Magistrate Exclusive Trial for Anti Land Grabbing cases, Madurai, and on their 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 petitioners 2 and 3 shall appear before the respondent police as and when required for interrogation. The petitioners 2 and 3 shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioners 2 and 3 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/- 19/12/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE EXCLUSIVE TRIAL FOR ANTI LAND GRABBING CASES, MADURAI.

2.THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3.THE SUB INSPECTOR OF POLICE, ANTI LAND GRABBING WING, DINDIGUL DISTRICT.

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

+1. CC to M/S.P.MUTHUSAMY Advocate SR.No.22338

ORDER

IN CRL OP(MD) No.19163 of 2019 pnn Date :19/12/2019 TK/JC/SAR.1/03.01.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2