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2009 Supreme(SC) 429

MUKUNDAKAM SHARMA, S.B.SINHA
Ramathal – Appellant
Versus
Inspector of Police – Respondent


Advocates appeared:
For the Appellants :K.K. Mani, C.K.R. Lenin Sekar, Mayur R. Shah, Advocates.
For the Respondent:V. Kanagaraj, Sr. Adv., Mrs. Promila, S. Thananjayan, gurukrishna Kumar, Ms. Srikala gurukrishna Kumar, Advocates.

JUDGMENT

Dr. Mukundakam Sharma, J. —

1. Leave granted.

2. The present appeal is filed by the appellants being aggrieved by a part of the direction contained in the Order dated 21.07.2008 passed by the learned Single Judge of the Punjab & Haryana High Court Criminal Original Petition No. 16601 of 2008 whereby the High Court allowed the application filed by the appellants under Section 438 of the Code of Criminal Procedure, 1973 (for short the “Code”) and granted the relief of anticipatory bail as prayed. The appellants are aggrieved due to imposition of alleged onerous condition for grant of anticipatory bail.

3. A complaint was filed by one A. Nizam Bash S/o Late M. Abdul Salam, Respondent No. 2 contending inter alia that the appellants and another person namely Karuppasami are legal heirs of one Raju and that they owned a house which is located at Coimbatore. In the said complaint, the Complainant alleged that on coming to know that the said house bearing No. 34 to 39, Ward No. 62, P.V. Krishnan Saibaba Colony, Coimbatore is open and ready for sale, the Complainant on behalf of the son-in-law who is working as Engineer and residing with his family in Malaysia negotiated with Mrs























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