BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Friday, the Sixteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11975 of 2011 P.BALAKRISHNAN :PETITIONER / ACCUSED -Vs- THE STATE REP. BY THE SUB INSPECTOR OF POLICE, THIRUVEGAMPATHUR POLICE STATION, SIVAGANGAI DISTRICT. CR.NO.113/2011 :RESPONDENT / COMPLAINANT For Petitioner : M/S. V.THIRUMAL Advocate For Respondent : MR.A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR. PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C. ORDER:The Court Made the following order:- The petitioner/accused apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 406 and 420 I.P.C in Crime No.113 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned Counsel appearing for the petitioner submitted that the petitioner arrayed as A4 and his name is not find place in F.I.R and the case has been registered under Sections 406 and 420 I.P.C. He further submits that the petitioner is a bona fide purchaser of Tractor bearing Registration No.TN-63-L-6898 from one Krishnan and he is arrayed as A1 and the de-facto complainant is a brother-in-law; A2 is the wife of A1; de-facto complainant and A2 are the sister and brother and the tractor belonging to the father of the de-facto complainant and A2 and A1 died interstate. He further submits that in the family partition, the tractor is allotted to A2; A3 is father of A1 and this petitioner purchased the property for Rs.3,10,000/- and he is a bona fide purchaser and a false case has been foisted against the petitioner, hence, he prayed for anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor would submit that there is no case has been registered against the petitioner and the petitioner was not arrayed as accused and hence he prayed for dismissal of the petition. 4.Considering the rival submissions made on both sides, it is seen that the case has been registered in Crime No.113 of 2011 under Sections 406 and 420 IPC and the petitioner is a bona fide purchaser and he is not an accused in this case. 5.Recording the submission of the learned Additional Public Prosecutor, this petition is disposed of. However, the respondent is directed not to harass the petitioner. The respondent is directed to follow the procedure contemplated under D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 under the guise of enquiry. 5.With above observation, the petition is disposed of. sd/- 16/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 2.The Sub Inspector of Police,Thiruvegampathur,Police Station, Sivagangai Dt +1CC to M/S. V.THIRUMAL Advocate SR.No.31841. RP/20.09.2011/1P/4C. ORDER IN CRL OP(MD) No.11975 of 2011, Date:16/09/2011. https://hcservices.ecourts.gov.in/hcservices/