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Madras High CourtCRL OP(MD)/21005/2023dismissed

Selvaraj v. The Inspector Of Police

2024-01-03Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 SELVARAJ 2 AKKINI 3 PERIYAKARUPPAN 4 THULASI ... PETITIONERS/ACCUSED 2,3,6 & 9 Vs THE INSPECTOR OF POLICE Y.OTHAKADAI POLICE STATION, MADURAI DISTRICT.

(CRIME NO.134/2022).

... RESPONDENT/COMPLAINANT For Petitioner : Mr. A. RAMESH Advocate For Respondent : Mr.SS.MADHAVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:- FOR ANTICIPATORY BAIL IN CRIME NO.134/2022 ON THE FILE OF THE RESPONDENT POLICE.

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ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent Police for the alleged offence under Sections 120(b), 463, 467, 468, 420, 307 of IPC, in Crime No.134 of 2022, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant and accused Nos.1 to 3 are brothers. The property under dispute is a family property of the defacto complainant and his brothers. But the accused Nos.1 to 3 sold the said property to the 8th and 9th accused, without knowledge of the defacto complainant and cheated him. Hence, this complaint.

3. The learned counsel appearing for the petitioners would submit that that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl.Side) would submit that Charge Sheet is already filed before the learned Judicial Magistrate, Melur.

5. Considering the fact that once Charge Sheet is filed and summon is served to the petitioners, there is no apprehension of arrest. So, I am not inclined to grant anticipatory bail to the petitioners.

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6. Accordingly, this petition is dismissed. However, liberty is granted to the petitioners to workout their remedy in the manner known to law. sd/- 03/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE INSPECTOR OF POLICE Y.OTHAKADAI POLICE STATION, MADURAI DISTRICT.

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

COPY TO:

1 THE JUDICIAL MAGISTRATE, MELUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

ORDER IN Date :03/01/2024 SA/VR/SAR. /09.01.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3