BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of July Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9602 of 2011 LAKSHMANAN ...PETITIONER/ACCUSED NO.5 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,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.5 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 406, 420 & 471 of I.P.C. in Crime No.182 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioner was charged under Sections 120(b), 406, 420 & 471 of I.P.C. He further submitted that the petitioner is arrayed as A5 and the petitioner is nothing to do with the document and he is only the attestor of the receipt registered by A1 in favour of A2 and A3 and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor submitted that the defacto complainant had obtained a loan from TIIC by executing a deed and since, he could not repay the loan the first accused has discharged the mortgage executed by the defacto complainant and in that document, the petitioner is one of the attestor and investigation is going on and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides and considering the fact that the defacto complainant is unpaid with several persons and since he was unable to made out the discharge of loan and the first accused has got discharge receipt from A2 and A3 and the petitioner is one of the attestor, I am inclined to grant anticipatory bail to the petitioner with certain conditions. https://hcservices.ecourts.gov.in/hcservices/ 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, 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 learned Magistrate concerned and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6.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, anticipatory bail petition stands dismissed. sd/- 29/07/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE VADIPATTI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE SOLAVANTHAN POLICE STATION, MADURAI DISTRICT +1. CC to M/S. M.AJMAL KHAN Advocate SR.No.25667 rl/6c – 3.8.2011 ORDER IN CRL OP(MD) No.9602 of 2011 Date :29/07/2011 https://hcservices.ecourts.gov.in/hcservices/