CRL OP(MD)/20960/2021 of P.Shanmuganathan Vs The Inspector of Police on 29 December 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Wednesday, the Twenty Ninth day of December Two Thousand and TwentyOne PRESENT

The Hon`ble Mrs.Justice S.ANANTHI

CRL OP(MD) No.20960 of 2021

1 P.SHANMUGANATHAN

2 P.SENTHIL KUMARAN

3 V.RAMARAJ ... PETITIONERS/ACCUSED NO.1 TO 3

Vs

STATE REP.BYTHE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL.

CR.NO.46/2021 ... RESPONDENT/COMPLAINANT

For Petitioner : M/S.ANANDAN.K AdvocateFor 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.46 OF 2021 ON THE FILE OFTHE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioners/Accused No.1 to 3, apprehending arrest at thehands of the respondent police for the alleged offence punishableunder Sections 420, 465, 467 and 506(1) IPC in Crime No.46 of 2021on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the first accused with anintention to grab the property, had forged the document, registereda settlement deed in favour of the accused 2 and 3 and mortgaged theland comprising Survey No.356/6 situated at Paadiyar VillageVedachandur Taluk, Dindigul District.Hence, the complaint.

3.The learned counsel for the petitioners submitted that thepetitioners are innocent and they have been falsely implicated inthis case.

4.The learned Government Advocate (Crl. Side) for therespondent police submitted that there is a land dispute between thehttps://hcservices.ecourts.gov.in/hcservices/parties and the first accused had forged the document with anintention to grab the property. He would submit that the petitioners have no previous case.

5.Considering the nature of offence, there is civil disputebetween the parties and the petitioners have no bad antecedents,this Court is inclined to grant anticipatory bail to thepetitioners.

6.Accordingly, this Criminal Original Petition is allowed andthe petitioners are ordered to be released on bail in the event ofarrest or on their appearance, before the learned Judicial MagistrteNo.II, Dindigul, on condition that the petitioners shall execute abond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each withtwo sureties each for a like sum to the satisfaction of the learnedMagistrate concerned and the petitioners shall appear before therespondent police daily at 10.30 a.m. for 30 days. The petitionersshall comply with the condition stipulated under Section 438 Cr.P.C.scrupulously.

7.The petitioners shall appear before the concerned Magistratewithin a period of 15 days from the date on which the order copymade ready, failing which, the petition for anticipatory bail standsdismissed. sd/- 29/12/2021

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic,a web copy of the order may be utilized for official purposes, but,ensuring that the copy of the order that is presented is the correctcopy, shall be the responsibility of the advocate/litigantconcerned.

TO

1 THE JUDICIAL MAGISTRATE NO.II,DINDIGUL2 DO THORUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.3 THE INSPECTOR OF POLICEDISTRICT CRIME BRANCH, DINDIGUL.https://hcservices.ecourts.gov.in/hcservices/

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

+1 CC to M/s.K.ANANDAN, Advocate ( SR-9841[I] dated 30/12/2021 )