Allowed

P.Palanichamy v. the Inspector of Police

Madras HC18 Sept 2013CRL OP(MD)/13614/2013

Case brief

AI extract

What is this about?

The Madurai Bench granted anticipatory bail to petitioners facing arrest under IPC offences related to a property dispute. The court permitted the use of existing sureties and directed appearance for interrogation and within 15 days.

What did the court decide?

Petitioners released on bail with a bond of Rs. 10,000 and two sureties each; permitted to produce sureties from earlier cases; must appear for interrogation and within 15 days.

P.Palanichamy Vs the Inspector of Police — Property and Title | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of September Two Thousand Thirteen PRESENT

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The Hon`ble Mr.Justice C.T.SELVAM

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CRL OP(MD) No.13614 of 2013

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1 P.PALANICHAMY 2 P.SUNDRAM ... PETITIONERS/ACCUSED NO.12 & 13 3 R.MUTHUKUMAR 4 K.DHARMAR ... PETITIONERS/ACCUSED NO.8 & 9

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STATE REP BY

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1 THE INSPECTOR OF POLICE AVANIYAPURAM POLICE STATION, MADURAI DISTRICT. CR. NO. 75/2013.

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2.THE INSPECTOR OF POLICE ANTI-LAND GRABBING CELL(DCB), SIVAGANGAI DISTRICT ... RESPONDENTS/COMPLAINANT

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For Petitioner : MR.N.R.ELANGO, SR.COUNSEL FOR

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M/S.A.ARUNPRASAD Advocate

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For Respondent : MR.SHANMUGAVELAYUTHAM PUBLIC PROSECUTOR ASSISTED BY MR.R.RAMACHANDRAN ADDITIONAL PUBLIC PROSECUTOR Govt. Advocate ( Crl. Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioners apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 420, 468, 471 and 506(i) of I.P.C. in Crime No.75 of 2013 on the file of the respondent police and hence, seek anticipatory bail.

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The Court heard the submissions made by the learned Senior counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondent State.

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3.Considering the facts and circumstances of the case, the learned Senior counsel appearing for the petitioner is permitted to implead the Inspector of Police, Land Grabbing Cell, Sivagangai District as second respondent in this case.

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4.The learned Senior counsel appearing for the petitioner would submit that the petitioners have nothing to do with the alleged offence as stated in the complaint and this matter is purely of civil nature. Hence, he prays for anticipatory bail.

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https://hcservices.ecourts.gov.in/hcservices/

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The learned Public Prosecutor would object for grant of anticipatory bail to the petitioners.

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Considering the facts and circumstances of the case and also the fact that this case, on the face of it appears to be a dispute between the rival claimants in respect of a property, this Court is inclined to grant anticipatory bail to the petitioners.

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6.(i)Accordingly, the petitioners are ordered to be released on bail, in the event of their arrest or on their appearance before the learned Judicial Magistrate concerned and on 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 Judicial Magistrate, Melur;

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ii)Taking into consideration of the submission of the learned Senior Counsel that more than 1000 sureties had to be produced by the accused party in relation to 54 cases, this Court has observed that it is open to the petitioners to produce the same sureties as produced by them in respect of earlier cases and on further condition that, and on further condition that

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iii)the petitioners shall appear before the respondent police as and when required for the purpose of interrogation.

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The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

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/ TRUE COPY /

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Sub-Assistant Registrar (C.S.) TO

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1 THE JUDICIAL MAGISTRATE, MELUR

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2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE MADURAI

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

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4 THE INSPECTOR OF POLICE AVANIYAPURAM POLICE STATION, MADURAI DISTRICT.

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THE THE INSPECTOR OF POLICE,ANTI-LAND GRABBING CELL(DCB), SIVAGANGAI DISTRICT

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+1. CC to M/S.A.ARUNPRASAD Advocate SR.No.46272 ORDER IN CRL OP(MD) No.13614 of 2013 Date :18/09/2013 NA/25/09/2013/P2/7C

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https://hcservices.ecourts.gov.in/hcservices/

P.Palanichamy v. the Inspector of Police

Case brief

What is this about?

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P.Palanichamy v. the Inspector of Police

Case brief

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