BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.13630 of 2011 S. KRISHNAN ... PETITIONER/ACCUSED Vs THE INSPECTOR OF POLICE FORT POLICE STATION., ROCK FORT, TRICHY-2, TRICHY DISTRICT ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.SUNDAR Advocate For Respondent : Mr.K.S.DURAI PANDIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the sole accused in unknown Crime Number of 2011 on the file of the respondent police for offence punishable under Sections 420, 406 and 506(ii) of I.P.C,. Apprehending arrest, at the hands of the respondent police, the petitoner is before this Court seeking anticipatory bail. 2.According to the case of the prosecution, the shop in question belongs to the Trichy City Municipality Corporation. The de facto complainant is a lessee of the Corporation. In the year 2009, he sub-leased out the said shop to the petitioner. Recenthly when the de facto complainant wanted the petitioner to surrender possession of the shop, the petitioner declined to do so. According to the prosecution, this act of the petitioner would amount to the offences stated above. 3.The learned counsel for the petitioner would deny all the allegations. He would submit that the dispute arose is only civil dispute. Therefore, registration of a criminal case is not sustainable. 4.I have considered the above submissions. As of now, there is no dispute that the shop has been sub-leased by the de facto complainant to the petitioner. If the petitioner has not surrendered the possession of the shop to the de facto complainant , remedy for him is to approach the concerned Civil Court. In view of the above, I am inclined to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 5.Accordingly, the petitioner is ordered to be released on anticipatory bail, with the following conditions: i) The petitioner in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Trichy, should execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistratre concerned; ii) The petitioner shall report before the respondent police as and when required. iii) The Petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. sd/- 01/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE NO.I, TRICHY 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE FORT POLICE STATION., ROCK FORT, TRICHY-2, TRICHY DISTRICT. +1. CC to M/S. R.SUNDAR Advocate SR.No.37506 rl/6c – 4.11.2011 ORDER IN CRL OP(MD) No.13630 of 2011 Date :01/11/2011 https://hcservices.ecourts.gov.in/hcservices/