BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of October Two Thousand Eleven PRESENT The Hon`ble Mr. Justice C.S.KARNAN CRL OP(MD) No.13424 of 2011 RAMAJEYAM ... PETITIONER / ACCUSED - 2 Vs STATE REP. BY ASSISTANT COMMISSIONER OF POLICE ANTI LAND GRABBING SPCIAL CELL, CITY CRIME BRANCH, TRICHY CR.NO. 26 OF 2011 ... RESPONDENT / COMPLAINANT For Petitioner : MR.N.R.ELANGO, Senior Counsel for M/S. R.VIVEKANANDAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A2 who was arrested by the respondent police on 20.09.2011 for the alleged offence under Sections 147, 148, 447, 341, 365, 506(ii), 294(b), 420, 387, 307 read with Section 120(B) I.P.C., in Crime No.26 of 2011 on the file of the respondent police, seeks bail. 2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent police. 3. The case of the prosecution is that the defacto complainant has purchased the purchased the property for himself and for his two sisters by paying the entire sale consideration by himself and subsequently, his uncles Nagaraj and Kamaraj along with some other known and unknown persons told that they have entered into an oral agreement with other accused and hence, they took him to the residence of A.1 and by threatening him, they have obtained the signatures in blank bond papers and then, he came to his house and on 05.03.2008, they told him to come to the Registrar's office and obtained a gift deed from him in favour of his two sisters and hence, he cancelled the gift deed on 20.03.2009 and filed a civil suit in O.S. No.55 of 2009 for partition of his 1/3 rd share in the property and gave paper publication as regards the cancellation of gift deed. It is the further case of prosecution that on coming to know about the cancellation of gift deed, the accused created a power deed and executed a sale deed relating to 9.33 acres belonging to the defacto complainant, in favour of one Lorence Moris, benami of the accused. 4. Learned counsel for the petitioner submits that the petitioner has been in custody from 21.09.2011 and that if he is released on bail, he will not tamper the witnesses and hamper the investigation. https://hcservices.ecourts.gov.in/hcservices/ 5. However, the learned Additional Public Prosecutor objects to the same. 6. I have carefully considered the rival contentions put forward by either side and also perused the materials available on record. 7. Considering all these facts and circumstances and also considering the fact that the petitioner is undergoing incarceration right from 21.09,2011, this Court is inclined to grant the relief of bail to the petitioner. Accordingly, the petitioner is directed to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Thiruchirapalli, and on further condition that the petitioner shall stay at Madurai and appear before the learned before the learned Judicial Magistrate No.1, Madurai daily at 10.30 a.m., until further orders. sd/- 04/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.V, TIRUCHIRAPALLI. 2. THE CHIEF JUDICIAL MAGISTRATE TRICHY. 3. THE JUDICIAL MAGISTRATE NO.I, MADURAI. 4. THE ASSISTANT COMMISSIONER OF POLICE, ANTI LAND GRABBING SPCIAL CELL, CITY CRIME BRANCH, TRICHY. 5. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 6. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. +1. CC to M/S. R.VIVEKANANDAN Advocate SR.No.34698 ORDER IN CRL OP(MD) No.13424 of 2011 Date :04/10/2011 RJ/4.10.11 2p/8c https://hcservices.ecourts.gov.in/hcservices/