BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of October Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE C.S.KARNAN CRL OP(MD) No.12685 of 2011 MICHAEL KUMAR ... PETITIONER/ACCUSED No.1 T.K.JOTHI KUMAR ...PETITIONER/INTERVENER Vs THE SUB INSPECTOR OF POLCIE DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DTCR NO. 2/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. T.ANTONY ARUL RAJ Advocate For Respondent : MR.C.RAMESH, ADDITIONAL PUBLIC PROSECUTOR.(Crl.Side) For Intervener : MR.B.CHRISTOPHER, ADVOCATE PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 468, 471 and 420 IPC in Crime No.2 of 2011 on the file of the respondent police and hence, seeks bail. 2. The case of the defacto complainant is that the property belonging to him has been the subject matter of the sale deed in favour of the petitioner herein. According to the defacto complainant, the subject property was first settled by the second accused in favour of the third accused on 5/4/2007 and that the third accused sold the same in favour of the petitioner on 26/10/2009. The petitioner has filed O.S.No.269 of 2010 on the file of the District Munsif, Kuzhithurai. The defacto complainant has also filed O.S.No.30 of 2011 on the file of the Subordinate Court, Kuzhithurai for seeking the relief of declaration and recovery of possession. Now, the civil Court has seized the matter. 3. The learned counsel appearing for the petitioner would submit that the petitioner is a bonafide purchased and he filed Crl.O.P.No.11515 of 2011 quashing the impugned FIR and the same is still pending before this Honourable Court. 4. The learned counsel appearing for the intervener would object the grant of anticipatory bail. 5. The learned Additional Public Prosecutor would submit that the investigation is in initial stage and hence seeks for dismissal of the anticipatory bail petition. 6. In view of the facts and circumstances of this case and arguments advanced by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7. 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.I, Kuzhithurai, and on executing a a own bond for a sum of https://hcservices.ecourts.gov.in/hcservices/ Rs.25,000/- (Rupees Twenty Five Thousand only) and on further condition that the petitioner shall report before the respondent Police whenever required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. 8. 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/- 04/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI 2. THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT 3. THE SUB INSPECTOR OF POLCIE DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DT 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. T.ANTONY ARUL RAJ Advocate SR.No.34738 GH : 07.10.2011 : 2P/6C ORDER IN CRL OP(MD) No.12685 of 2011 Date :04/10/2011 https://hcservices.ecourts.gov.in/hcservices/