Vadivu Alias Thirumalai Vadivu v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Vadivu Alias Thirumalai Vadivu ... Petitioner/Accused No.6

Vs The State, through The Inspector of Police, District Crime Branch, Tenkasi, Tenkasi District. (Crime No.11 of 2023). ... Respondent/Complainant For Petitioner : M/s.S.RAGEVENTHRE, Advocate. For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.11 of 2023 on the file of the Respondent Police ORDER : The Court made the following order :-

The petitioner/Accused, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 419, 420, 465, 468, 471 and 120B of I.P.C, in Crime No.11 of 2023 on the file of the respondent Police, seeks anticipatory bail.

¶2The case of the prosecution is that the defacto complainant approached the accused Nos.1 and 2 to purchase land in his native place Amuthapuram. The accused Nos.1 and 2 have registered the land in favour of the defacto complainant in document Nos.685/2017 and 784/2017. Subsequently, the defacto complainant has received a letter from the Anti Land Grabbing Cell. Then only, he came to know that the accused Nos.1 and 2 have fradulently registered the land, which belongs to this petitioner. After that, the defacto complainant and the accused appeared before the Anti Land Grabbing Cell. At that time, the accused Nos.1 and 2 undertaken to give money back to the defacto complainant, but later failed. When, the defacto complainant asked the accused Nos.1 and 2 to return the money, they scolded and threatened the defacto complainant. Hence, the present complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent. She has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

¶4Even though the accused No.1 had given undertaking at that time of enquiry by the Anti Land Grabbing Cell that they will settle the amount to the defacto complainant, being impersonated, the petitioner cannot take advantage of the undertaking given by the accused Nos.1 and 2. Let the petitioner appear before the concerned Court and seek regular bail. There is no question of anticipatory bail to the petitioner. Hence, this anticipatory bail petition deserves dismissal and accordingly dismissed.

sd/-

05/09/2023

/ TRUE COPY /

/10/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. INDU TO 1 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TENKASI, TENKASI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.16052 of 2023 Date :05/09/2023 SA/VRS/SAR. /11.10.2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.