BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9676 of 2011 1 JACCOB SELVIN ROI 2 STALIN SAM ... PETITIONERS / ACCUSED 6 & 7 Vs THE STATE REP. BY THE SUB-INSPECTOR OF POLICE DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DISTRICT. ( CRIME NO.54 OF 2011 ) ... RESPONDENT / COMPLAINANT For Petitioner : M/S. F.DEEPAK Advocate For Respondent : M/S. 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 120(b), 468, 471, 419, 420 and 506(i) I.P.C., in Crime No.54 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel appearing for the petitioners would submit that the petitioners are arrayed as A6 & A7 and A1 is the real-estate owner from whom A6 & A7 purchased the property and thereafter, they came to know that the property are not belonged to A1 and A1 has no right over the property and they revoked the deed on 25.07.2007, they are claiming no right over the property and they apprehend for arrest and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.Side) would submit that A6 has sold the property in favour of A7 stating that he is a power of attorney of the original owner and he sold the property to one Balakrishnan and the said Balakrishnan purchased the property, then only he came to know that A6 & A7 have no right over the property and the amount has been repaid and cancellation deed has been executed and the case has been registered only on 25.01.2011 against 8 persons and the investigation is going on and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides and also considering the fact that as per the version of the learned https://hcservices.ecourts.gov.in/hcservices/ Additional Public Prosecutor (Crl.side) A6 created a forged document stating that he is a power of attorney for the original owner and he sold the property in favour of A7 and A7 sold the property to one Balakrishnan and the said Balakrishnan purchased the property, then only he came to know that A6 & A7 have no right over the property and the amount has been repaid and the cancellation deed has been executed and the investigation is considerably over, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Nagercoil, Kanyakumari District 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 Magistrate concerned and on further condition that the petitioners shall appear before the investigating agency on summons. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 5. 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/- 01/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I NAGERCOIL, KANYAKUMAI DISTRICT 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE SUB-INSPECTOR OF POLICE DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DISTRICT. +1. CC to M/S. F.DEEPAK Advocate SR.No.25404 ORDER IN CRL OP(MD) No.9676 of 2011 Date :01/08/2011 SMA/02.8.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/