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Madras High CourtCRL OP(MD)/22710/2014bail on condition

Kose Mohammed v. The Inspector Of Police

2014-12-16Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of December Two Thousand Fourteen PRESENT The Hon`ble Mr Justice G.CHOCKALINGAM CRL OP(MD) No.22710 of 2014 1 KOSE MOHAMMED 2 PAULPANDI NADAR ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH POLICE STATION, TUTICORIN, TUTICORIN DISTRICT.

CRIME NO. 15 OF 2010 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.N.MARIAPPAN Advocate For Respondent : MR.P.KANNITHEVAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 419, 465, 468 and 471 of IPC in Crime No.15 of 2010, on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that A1 executed a Power Deed in favour A2 in respect of the de-facto complainant's land and sold the same to A3 and A4 and in the alleged document, A5 and A6 are the attesting witnesses.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

5.Considering the facts and circumstances of the case and also considering the fact that the alleged transaction is of the year 2005 and the case is registered in the year 2010, this court is inclined to enlarge the petitioners on anticipatory bail with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate [Land Grabbing], Tuticorin and on each https://hcservices.ecourts.gov.in/hcservices/

of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on the further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m. and 05.00 p.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/- 16/12/2014 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, (LAND GRABBING) TUTICORIN 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE TUTICORIN 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH POLICE STATION, TUTICORIN, TUTICORIN DISTRICT.

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

+1. CC to M/S.N.MARIAPPAN Advocate SR.No.67429

ORDER

IN CRL OP(MD) No.22710 of 2014 Date :16/12/2014 NA/18/12/2014/P2/6C https://hcservices.ecourts.gov.in/hcservices/