BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11437 of 2011 RAJENDIRAN ... PETITIONER / ACCUSED (RANK NOT KNOWN) Vs STATE REP. BY THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION DINDIGUL DISTRICT ... RESPONDENT/ COMPLAINANT For Petitioner : M/S. T.LENIN KUMAR 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 petitioner / Accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 420 and 468 IPC, in Crime No.446 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2. The learned Counsel for the petitioner would submit that the petitioner is arrayed as A1 and a false case has been foisted against him. He further submits that the petitioner has purchased the property from A.1 who is none other that the sister of the de-facto complainant and the property originally owned by Aruldoss who is none other than the father of the petitioner / A.1 and Aruldoss executed a settlement Deed in favour of A.1 on 29.09.2008 in respect of 4 Cents, the petitioner purchased the same on 27.10.2010. The de-facto complainant himself admitted that the property was settled in favour of A1 and now false case has been registered and he is a bona fide purchaser from the lawful title owner and the petitioner now apprehends arrest and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor (Crl.Side) refuting the same that the first accused is having two wives and the de-facto complainant is the son through his first wife and A1 is the daughter through his second wife and now there is a property dispute. Without any valid title A1 sold the property to A2 and the A2 is the present petitioner herein and the investigation is going on and hence he prays for dismissal of the petition. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made on both sides and the documents filed before this Court, that the property belongs to one Aruldoss who is the father of A1-Packiam, born through the second wife and the de-facto complainant is the son of Aruldoss born through his first wife and as per the document on 29.09.2008. Aruldoss executed a Settlement Deed in respect of four cents in favour of A1 that was acknowledged by the de-facto complainant, the petitioner purchased the property from the lawful owner and the dispute is civil in nature and even though the petitioner was not arrested he neither interfered with the investigation nor absconded from the jurisdiction, 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 his arrest or on his appearance before the learned Judicial Magistrate, Palani, Dindigul District and on his 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/- 05/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE PALANI, DINDIGUL DIST 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE DINDIGUL 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION DINDIGUL DISTRICT +1. CC to M/S. T.LENIN KUMAR Advocate SR.No.29848 ORDER IN CRL OP(MD) No.11437 of 2011 Date :05/09/2011 SMA/7.9.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/