BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9902 of 2011 1.DHUSSAKHEER 2.SAMSUDHEEN @ MEHABOOB JOHN ...PETITIONERS/ACCUSED 1&3 Vs STATE REP BY ITS THE INSPECTOR OF POLICE CITY CRIME BRANCH PALAYAMKOTTAI TIRUNELVELI CRIME NO.17/2011 ...RESPONDENT/COMPLAINANT For Petitioner : M/S. M.SARAVANAN Advocate For Respondent :Mr.A.RAMAR,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 405, 415, 420, 465 and 471 I.P.C. in Crime No.17 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioners would submit that the first petitioner herein has fabricated the Legal heir Certificate as if he is the legal heir of one Bakrudheen, who is the owner of the disputed property and he is executed a settlement deed in favour of A2/wife of A1 and A2 in turn, sold the same to third party. A3 is the attestor of the sale deed. Now, one Kathoon Beevi stated that she is also one of the share holder. Already one Amurdheen gave a complaint, which was taken on file in Crime No.28 of 2009. Later the first accused came to know that the subsequent purchaser has re-conveyed the property in favour of the true legal heirs of the deceased Bakrudheen and they are not having any right over the property and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor would submit that the property is originally owned by one Bakrudheen and he died without issues. He further submitted that one Kathoon Beevi gave a complaint stating that the first petitioner has fabricated the legal heir certificate and execute the settlement deed in favour of A2 and A2 in turn sold the same to third party and A3 is only the attestor of the sale deed. He would further submit that the https://hcservices.ecourts.gov.in/hcservices/ investigation is going on and hence, he prays for dismissal of this application. 4.COnsidering the rival submissions made by both sides, admittedly, the property in dispute belonging to one Bakrudheen, who died issueless. But as per the document filed by the petitioner, one Amrudheen has claiming the title over the property as the legal heirs of the deceased Bakrudheen and gave a complaint in respect of the property, then only suit has been filed in O.S.No.37 of 2009 by the persons purchased the property, subsequently, it was settled and the purchaser has executed the re-conveyed deed in favour of Amrudheen. As per the version of the learned counsel for the petitioners, the petitioners have no right over the property as on today and the re-conveyed deed has already been executed in favour of Amrudheen and A3 is only the attestor of sale deed. 5.In such circumstances, I am inclined to grant anticipatory bail to the petitioners, with certain conditions. 6.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.I, Tirunelveli and on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for alike sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m. Until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. 7.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 the petition for anticipatory bail stands dismissed. Sd/- 10/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE CITY CRIME BRANCH, PALAYAMKOTTAI, TIRUNELVELI +1. CC to M/S. M.SARAVANAN Advocate SR.No.27114 rl/6c – 11.8.2011 ORDER IN CRL OP(MD) No.9902 of 2011 Date :10/08/2011 https://hcservices.ecourts.gov.in/hcservices/