A. Soundarapandiyan and Anbil Periyasamy and Sundar Raju and A. Sekar @ Kudamurutti Sekar and K.N. Nehru and A. Sherif @ Salai Sherif and M. Anbalagan and K.N. Ramajeyam V. State Rep by: The Assistant Commissioner of Police Anti Land Grabbing Special Cell, I/C City Crime Branch, Trichy City

CRL OP(MD)/12149/2011

AI Insights

The case involved multiple petitioners accused of forcibly obtaining a sale agreement and a subsequent sale deed from the de facto complainant, Dr. K. Srinivasan, for a property intended for a hospital. The complainant alleged that the petitioners, affiliated with a political party, threatened and abducted him to secure these documents without full payment. The prosecution argued that the accused were politically influential and posed a threat to the complainant's life if released on bail. However, the defense highlighted the lack of immediate legal action following the alleged crimes, suggesting a politically motivated delay in filing the complaint. The court considered these factors, along with the absence of immediate threats or evidence of tampering with witnesses, leading to the decision to grant bail under strict conditions.

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 808824 (HC-MISC)
• Appeal Type: Others
• Pronouncement Date: 04-10-2011
• Assessment Year: misc
• Laws Referred To: Cr.P.C.
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: A RAMAR
• Assessee Lawyers: N R ELANGO; S ASHOKKUMAR
• Keywords: Bail; Judicial Custody; Land Grabbing; Political Influence; Sale deed; Threat; Abduction
• Section: 147; 447; 439; 420; 342; 325; 387; 363; 506(ii); 392 r/w. 120(b) IPC; 307 IPC

Judgement Text

"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)Nos.12149, 12153, 12182, 12371, 12376, 12392, 12393 and 12394 of 2011 A.SOUNDARAPANDIYAN ..PETITIONER / ACCUSED No. 8 IN CRL OP. 12149 OF 2011 ANBIL PERIYASAMY ..PETITIONER / ACCUSED No. 7 IN CRL OP. 12153 OF 2011 SUNDAR RAJU ..PETITIONER / ACCUSED No. 5 IN CRL OP. 12182 OF 2011 A. SEKAR @ KUDAMURUTTI SEKAR ..PETITIONER / ACCUSED No. 3 IN CRL OP. 12371 OF 2011 K.N. NEHRU ..PETITIONER / ACCUSED No. 1 IN CRL OP. 12376 OF 2011 A. SHERIF @ SALAI SHERIF ..PETITIONER / ACCUSED No. 9 IN CRL OP. 12392 OF 2011 M. ANBALAGAN ..PETITIONER / ACCUSED No. 4 IN CRL OP. 12393 OF 2011 K.N. RAMAJEYAM ..PETITIONER / ACCUSED No. 2 IN CRL OP. 12394 OF 2011 Vs STATE REP BY:: THE ASSISTANT COMMISSIONER OF POLICE ANTI LAND GRABBING SPECIAL CELL, I/C CITY CRIME BRANCH, TRICHY CITY, ( CRIME NO.24 OF 2011 ) ... RESPONDENT / COMPLAINANT IN ALL THE CRL OP'S Dr. K. SRINIVASAN ..INTERVENOR / DEFACTO COMPLAINANT IN CRLOP.12376 AND 12394 OF 2011 For Petitioners : MR. N.R. ELANGO, Senior Counsel for M/S. T.A.OMPRAKASH Advocate in Crl OP.No. 12149 of 2011 MR. N.R. ELANGO, Senior Counsel for M/S. T.A.OMPRAKASH Advocate in Crl OP.No. 12153 of 2011 MR. S. ASHOKKUMAR, Senior Counsel for M/S. S.P.SETHURAMAN, Advocate in Crl OP.No.12182 of 2011 MR. N.R. ELANGO, Senior Counsel for 0 M/s. T.A.OMPRAKASH Advocate in Crl OP.No. 12371 of 2011 MR. S. ASHOKKUMAR, Senior Counsel for M/s. K. Jeganathan, Advocate in Crl OP.No. 12376 of 2011 MR. N.R. ELANGO, Senior Counsel for M/s. T.A.OMPRAKASH Advocate in Crl OP.No. 12392 of 2011 https://hcservices.ecourts.gov.in/hcservices/ MR. N.R. ELANGO, Senior Counsel for M/s. T.A.OMPRAKASH Advocate in Crl OP.No. 12393 of 2011 MR. N.R. ELANGO, Senior Counsel for M/s. T.A.OMPRAKASH Advocate in Crl OP.No. 12394 of 2011 For Respondent : MR. A. RAMAR, ADDITIONAL PUBLIC PROSECUTOR in all the Petitions. For Intervenor : MR. G.R. SWAMINATHAN, Advocate for the Both the Petitions. PETITIONS FOR BAIL Under Sec. 439 Cr.P.C. ORDERS : The Court Made the following orders :- The petitioners are arrayed as A8, A7, A5, A3, A1, A9, A4 and A2 respectively and they have arrested and remanded to judicial custody on 25.08.2011 and 06.09.2011 for the alleged offence punishable under Sections 147, 447, 363, 342, 325, 387, 506(ii), 392 r/w. 120(b) IPC., altered into sections 147, 447, 365, 342, 325, 387, 506(ii), 395 r/w. 120(b) and 420, 307 IPC., in crime No. 24 of 2011 on the file of the respondent police and hence, seek bail. 2. The case of the prosecution is that the petitioners forcibly got sale agreement from the defacto complainant in the month of April 2007 by paying an advance a sum of Rs.40 lakhs and later it was robbed by the petitioners. Subsequently, on 07.09.2007, the petitioners forcibly made the defacto complainant and his wife to execute a registered sale deed in favour of their political party without paying balance sale consideration. 3. The learned Senior counsel for the petitioners would submit that the property was purchased from the defacto complainant for the use of political party and no for the personal use of any of the accused and the entire sale consideration was paid as stated in the sale deed and the defacto complainant has also paid income tax for the sale consideration received by him. He further submitted that they have nothing to do with alleged commission of offence and due to change in the political atmosphere, the present complaint has been given against the petitioners. He further submitted that the petitioners will not abscond or evade any due process of law and they never tamper with the witness and hence, they have come forwarded with https://hcservices.ecourts.gov.in/hcservices/ this application for bail. 4. The learned counsel for the intervenor would submit that the accused are politically influenced persons and they have forcibly got sale deed from the defacto complainant in respect of the property which is worth of more than Rs.10 Crores and that if the accused are released on bail, there is danger to the life of the de facto complainant and his family members. 5. The learned Additional Public Prosecutor would submit that the defacto complainant is a practising Doctor and he purchased a land near Chathiram Bus stand, Trichy for construction of Hospital on 07.08.2006. He further submitted that in that place, the accused put up a tent for running an exhibition, that was questioned by the defacto complainant and hence, the accused have threatened and abducted the defacto complainant to A1's office, where the defacto complainant signed the document under life thread. He further submitted that there is danger to the life of the defacto complainant and his family members and hence, he prays for dismissal of this application. 6. In view of the facts and circumstances of this case and arguments advanced by the learned counsel on either side, this Court is of the considered opinion that the alleged occurrence has taken place in the month of April 2007, however, the F.I.R.,lodged against the petitioners in the month of August 2011 as such there is a inordinate delay for registering the case against the petitioners and hence, this Court is inclined to grant bail to the petitioners with certain conditions. 7. Accordingly, the petitioners are ordered to be released on bail on executing a separate 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. IV, Trichy, within 15 days from the date of receipt of this Order copy and on further condition that the petitioners in Crl. OP.(MD)No. 12393 and https://hcservices.ecourts.gov.in/hcservices/ 12376 of 2011 are directed to report before the concerned Magistrate daily at 10.30 am., for a period of one week and the other petitioners are directed to appear before the learned Judicial Magistrate No.I, Madurai daily at 10.30 a.m., for a period of one week. sd/- 04/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.IV, TRICHY 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY 3 THE JUDICIAL MAGISTRATE, NO.I, MADURAI 4 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI 5 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGHCOURT MADURAI 6 THE ASST.COMMISSIONER OF POLICE, ANTI LAND GRABBING SPECIAL CELL, I/C CITY CRIME BRANCH, TRICHY CITY, 7 THE SUPERINTENDENT OF CENTRAL PRISON, TRICHY 8 THE SUPERINTENDENT OF CENTRAL PRISON, CUDDALORE 1CC TO MR. K.JEGANATHAN, ADVOCATE,S R: 34676: 2CC to M/S. T.A.OMPRAKASH Advocate SR.No.34671 AND 34672 2CC TO MR. S.P. SETHURAMAN, ADVOCATE, SR: 34685: DM::2011:OCTOBER:::03:: ORDER IN CRL OP(MD) Nos.12149, 12153, 12182, 12371, 12376, 12392, 12393 and 12394 of 2011 Date :04/10/2011 4p:14cc's https://hcservices.ecourts.gov.in/hcservices/ "