1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.8964 of 2011 M.RAJENDRAN ... PETITIONER/ACCUSED NO.12 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE UTHUMALAI POLICE STATION, CR. NO. 154/2011, TIRUNELVELI DISTRICT ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S. RAGAVENTHRE 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 NO.12 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 420, 423, 468 and 109 of IPC in Crime No.154 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 has been falsely implicated in this case and A1 to A9 are the owners and they executed the power of attorney in favour of A10 and A11 and A12 were assisting for execution of power of attorney and A10 sold in turn to a Company and the alleged occurrence has been taken place on 19.11.2007 and the complaint has been given on 16.07.2011 and investigation is considerably over and the petitioner/A12 is nothing to do with the commission of offence and the petitioner apprehended for arrest and hence, he come forward with this application. 3.The learned Additional Public Prosecutor would submit that a case has been registered against 12 persons and A1 and A2 alone have been arrested and others were absconded and he fairly conceded that power of attorney was executed on 19.11.2007 in favour of A10 and A11 and A12 were assisting for https://hcservices.ecourts.gov.in/hcservices/ 2 execution of power and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides and as per the version of learned Additional Public Prosecutor in FIR, A11 and A12 only assisted other accused for execution of the power of attorney on 19.11.2007 and all the facts are borne out of records, I am inclined to grant anticipatory bail to the petitioner with certain conditions 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Tenkasi, 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/- 02/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, TENKASI 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE SUB INSPECTOR OF POLICE, UTHUMALAI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. S. RAGAVENTHRE Advocate SR.No.25617 ORDER IN CRL OP(MD) No.8964 of 2011 Date :02/08/2011 https://hcservices.ecourts.gov.in/hcservices/ 3 TR : 03.08.2011: 2p/6c https://hcservices.ecourts.gov.in/hcservices/