BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10178 of 2011 1. PRAVEENKUMAR 2. JAHENDRAN 3. PUSHBARAGHAVALLI 4. JEYARAJ : PETITIONERS/ACCUSED NOS.1 to 4 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE, SOLAVANTHAN POLICE STATION, MADURAI DISTRICT. (IN CRIME NO.182 OF 2011) : RESPONDENT/COMPLAINANT For Petitioner : M/S. M.AJMAL KHAN 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 petitioners/Accused Nos.1 to 4 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b),406,420,468 and 471 IPC, in Crime No.182 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 case has been registered against eight persons under Sections 120(b), 406,420,468 and 471 IPC, in Crime No.182 of 2011. Originally, the property belonged to the de-facto complainant and he executed a mortgage deed in respect of the property in TIIC and another mortgage of property to A1 to A3 and received Rs.3,00,000/- in the year 1998. The property was sold to the auction purchaser/A4. But the de-facto complainant trespassed into the property. A6 who is the auction purchaser, gave a complaint under Sections 457 and 380 IPC in Crime No.185 of 2011 and the counter complaint has been given by the de- facto complainant on 31.10.2008 and A2 and A3 have given discharge receipt and the investigation is considerably over. Already A5 and A8 were enlarged on anticipatory bail by virute of the order passed in Crl.O.P(MD)No.9602 of 2011. Since, the petitioners apprehending arrest and hence, they prayed for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor submits that the de- facto complainant is the owner of the property and he mortgaged the property to A2 and A3 for Rs.3,00,000/- that has been made over to https://hcservices.ecourts.gov.in/hcservices/ A1. A4 is a document writer. Thus, the de-facto complainant herein has not discharged the amount. However, they have created the documents to the de-facto complainant as if discharging the loan amount on 31.10.2008. He further submits that the investigation is going on and hence he prays for dismissal of this application. 4. Originally, the de-facto complainant is the owner of the property and he mortgaged the property in the year 1991 to the TIIC and subsequently, the mortgaged the property to A1 and A3 and received Rs.3,00,000/- and made out the same to A4 and in the meanwhile, the property was sold by TIIC in auction where A6 purchased the property in the year 2003. After that, A6 took the possession of the property. Since the de-facto complainant is not a owner, he attempted to interfere with the possession and on the basis of complaint given by A6 the case has been registered under Sections 457 and, 380 IPC on the file of respondent police in Crime No.185 of 2011. A4 is the document writer. 5. Considering the submissions made on both sides, I am inclined to grant anticipatory bail to the petitioners with certain conditions. The petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the Judicial Magistrate Court, Vadipatti, 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 Judicial Magistrate Court, Vadipatti, 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. 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/- 08/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, VADIPATTI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSEPCTOR OF POLICE, SOLAVANTHAN POLICE STATION, MADURAI DISTRICT. +1 CC to M/S. M.AJMAL KHAN Advocate SR.No.26821 ORDER IN CRL OP(MD) No.10178 of 2011 NSV/12.8.11/2P/6C Date :08/08/2011 https://hcservices.ecourts.gov.in/hcservices/