BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.9755 of 2011 1. ALAGU @ KARUTHALAGAN 2. SYED ISMAIL 3. CHINNA KARUPPAN 4. PERIYAKALA ... PETITIONER/ACCUSED 1-4 Vs THE SUB-INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI, MADURAI DISTRICT, CRIME NO.42/2010 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. N.SATHISH BABU Advocate For Respondent : A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR, ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners filed this petition seeking for anticipatory bail for the alleged offences punishable under sections 468, 417, 419, 120(b), 420 and 506(i) and 420 IPC in Crime No.42 of 2010 on the file of the respondent police. 2. The learned counsel appearing for the petitioners would submit that the first petitioner is the owner of the property and patta has been transferred in his name and he executed a sale deed in favour of A2 and the third and fourth petitioners have signed as attestors and a false case has been foisted on 06.12.2010 and the investigation is considerably over and hence the petitioners apprehend arrest and seek anticipatory bail. 3. The learned Government Advocate, (Crl.Side) would submit that the property was purchased by the de-facto complainant from one Kanagavel and he is in possession and the other petitioners have no title and encroached upon the property and fabricated the document and the case has been registered and the investigation is going on and hence, he seeks for dismissal of the petition. 4. Even though the case has been registered against four persons, no one has been arrested and considering the rival submissions and the documents filed by both parties, it is seen that the alleged document stands in the name of the first petitioner but he sold the property in favour of the second petitioner on 01.03.2010 then the suit has been filed in O.S.No.113 of 2010 pending before the District Munsif Court, Melur, by the purchaser A2 against one de-facto complainant. Even though the case has been registered on 06.12.2010, since the civil suit is pending, I am inclined to grant anticipatory bail to the petitioners with https://hcservices.ecourts.gov.in/hcservices/ certain conditions. 5. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate NO.2, Madurai and each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Madurai and on further condition that the petitioners shall report before the Court concerned daily at 10.30 am., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. 6. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, anticipatory bail petition stands dismissed. sd/- 02/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.2, MADURAI 2. THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3. THE SUB-INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI, MADURAI DISTRICT, 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. N.SATHISH BABU Advocate SR.No.25730 GH : 04.08.2011 : 2p/6c ORDER IN CRL OP(MD) No.9755 of 2011 Date :02/08/2011 https://hcservices.ecourts.gov.in/hcservices/