IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

:16.03.2022

Pronounced on :22.03.2022

CORAM:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN

Crl.O.P.No.3589 of 2022

1.Antony

2.Vasugi

3.Alamelu

4.Gowri

5.Settu

6.Shoba

7.Rajan

8.Sathiyavanan

9.Parimala

.. Petitioners

/versus/

State rep.by its,

The Inspector of Police,

CCB II,

Chennai.

(Crime No.140 of 2019)

.. Respondent

Prayer:

Criminal Original Petition has been filed under Section 438

of Cr.P.C., to enlarge the petitioners on bail in the event of their

arrest in connection with in Crime No.140 of 2019 pending on the file

of the respondent police.

For Petitioners: V.Karthick, Senior Counsel for

Mr.Adithya Varadharajan

For Intervenor : Mr.A.Palaniappan

For Respondent : Mr.S.Santhosh,

Govt.Advocate (Crl.Side)

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O R D E R

The petitioners, who apprehend arrest at the hands of the

respondent police for the offences punishable under Sections 420,

465, 466, 467, 468, 471 & 120 (B) of the Indian Penal Code 1860 in

Crime No.140 of 2019 seek anticipatory bail.

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2.The petitioners are arrayed as A-3,A-9, A-11 to A-17 in Crime

No. 140/2019 on the file of CCB-II, Chennai.

3.Based on the information report by the Regional Joint Director

of Industries and Commerce, Government of Tamilnadu, First

Information Report was registered against 18 known and other unknown

persons for grabbing the land earlier acquired for TALCO to establish

Leather Estate at Madhavaram, later vested with the Department of

Industries and Commerce, after the said organisation TALCO become

defunct.

4.As per the FIR, about 28.68 acres of land in Madhavaram Taluk

bearing S.Nos.1086, 1088/1 and 1087/1 was acquired for establishing

Leather Estate under TALCO, since the project did not fructify, part

of the land acquired was reconveyed to the owners and 12 acres of

land retained by TALCO and later, handed over to Industries and

Commerce Department. The vacant land held by the Industries and

Commerce Department has been illegally settled out to private

individuals by certain miscreants using bogus records. The details of

parties involved in the illegal dealing of the Government land and

the extent of land and its survey numbers are tabulated in the

complaint. When the illegal buyers approached the Office of the

Special Thasildar, Madhavaram with a request to issue patta in their

name for the Government land, The Special Thasildar, after verifying

the records, rejected the request and brought to the notice of the

Industries Department about the creation of bogus documents. These

petitioners apprehending arrest in the above case seek anticipatory

bail.

5.According to these petitioners, the land in dispute is patta

land of one Venkata Varadharajulu Naidu, who died on 07/03/1904. As

per his Will, the property was bequeathed to his son L.Venkatapathy

Naidu. The Will of Venkata Varadharajulu Naidu was duly probated in

O.P.No.52/1908. The said Venkatapathy Naidu died in the year 1912

leaving behind his son V.Srinivasalu Naidu to succeed. On 15/06/1958

these petitioners jointly purchased land measuring to an extent of 5

acres 45 cents comprised in S.Nos.1086,1087,1088/1 in T.S.No.2 under

an unregistered sale deed. From that purchase onwards, they are in

possession and enjoyment in the property. They settled the property

to their legal heirs under deed dated 03/05/2019. The Thasildar,

Madhavaram, has issued adangal in the name of the petitioners stating

land in S.No.1088/2 is not a Government land. The patta dated

26/06/2018 is issued to the legal heirs of these petitioners’ by the

Head Surveyor of Madhavaram. Regarding patta for this land, there is

a rival claim from one Rakesh Sathiya and Patta Appeal is pending.

The dispute is purely civil in nature, custodial interrogation is not

necessary, hence, they seek anticipatory bail.

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