BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15356 of 2011 MARIYAPPAN ... PETITIONER/ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE, MANOOR POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO. 296/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.MURUGAN Advocate For Respondent : Mr.K.S.DURAIPANDIAN, Govt. Advocate ( Crl. Side) 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 offences punishable under Sections 420, 465, 467 and 120(b) of IPC, in Crime Number 296 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. 3.According to the learned Counsel for the petitioner, the allegation against the petitioner is that he purchased the property from one Samy Abraham, brother of the de facto complainant, by way of forging the patta stands in the name of Samy Abraham. If really the petitioner has created any document in the name of Samy Abraham, the said Samy Abraham, who has executed the said document should also be made as a party to the said document and he has been left unaffected by the de facto complainant. He would further submit that the dispute is purely civil in nature and the petitioner has got a permanent residence and he will not abscond from the clutches of law and he is ready to abide any condition. 4.The learned Additional Public Prosecutor would submit in his argument that the accusation against the petitioner is that he has created a fake patta as well as document in his name and therefore it is a serious one. He would further submit that investigation is pending and if or any reason, the petitioner is https://hcservices.ecourts.gov.in/hcservices/ granted anticipatory bail, suitable conditions may be imposed for his secured presence and furthering of investigation. 5.Considering the submissions made by both sides, this Court could see that the petitioner is accused of creating a fake patta as well as document without obtaining the signature of Samy Abraham, brother of the de facto complainant. The said fact can be verified at the examination the said vendor namely Samy Abraham. But however according to the learned counsel for the petitioner, patta has been standing in the name of Samy Abraham and he has purchased the same and he has got valid title and all those things have to be investigated and the real fact will come to light only at the time of conclusion of the investigation. 6.Under the said circumstances, I could find prima facie case for grant of anticipatory bail in favour of the petitioner with the following conditions: i)Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, No.V, Tirunelveli and on 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 Judicial Magistrate concerned and on further condition, ii)that the petitioner shall report before the respondent police daily at 10.30 a.m until further orders. iii)The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. iv)The petitioner 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/- 29/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE NO.V, 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, MANOOR POLICE STATION, TIRUNELVELI DISTRICT +1. CC to M/S. S.MURUGAN Advocate SR.No.41884 rl/6c – 2.12.2011 ORDER IN CRL OP(MD) No.15356 of 2011 Date :29/11/2011 https://hcservices.ecourts.gov.in/hcservices/