BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11582 of 2011 PORKODI ... PETITIONER/ACCUSED NO.2 Vs STATE REP.BY, THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI, CRIME NO.52/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.MAHENDRAPATHY Advocate For Respondent : MR.A.RAMAR, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused No.2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 406,420 and 506(ii)I.P.C. in Crime No.52 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 de-facto complainant is the owner of the property and he executed the power of attorney in favour of A1. A1 executed the sale deed in favour of A2. A3 is the partner of A1 and both of them are doing real estate business. A1 sold the property in favour of A3 in the Month of March 2009 and , the complaint was given on 23.03.2011 and the false case has been registered against the petitioner under Sections 120(b), 406,420 and 506(ii)I.P.C. He further submits that A1 was arrested and enlarged on bail and the petitioner who is none other than the wife of A1 and he is the bona fide purchaser and hence, she apprehends arrest and hence, he prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor would submit that the case has been registered against four persons, A1 was already arrested and enlarged on bail. A3 and A4 were absconding. He would further submits that the case of the prosecution is that he needs of money and hence he sought for money of Rs.10,00,000/- but A1 paid Rs.7,00,000/- and subsequently the de- facto complainant requested Rupees three more lakhs and at that time, without paying Rs.3,00,000/-, A1 got the power of attorney in favour of him from the de-facto complainant and sold the same to A2. A2 sold the property in favour of A3 and the investigation is going on and hence he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the rival submissions made on both side, it is seen that admittedly, that the property is owned by the de-facto complainant. On receipt of Rs.7,00,000/- by the de-facto complainant he executed the mortgage deed in favour of A1 and the receipt of Rs.7,00,000/- is admitted. The case of the prosecution is that the de-facto complainant wants to execute the mortgage deed in favour of A1, but he obtained power of attorney and in turn sold the same in favour of A2, who sold the same to A3 on 23.03.2011, but it is only a civil dispute and the alleged occurrence took place on 23.03.2011 and the delay in giving the complaint has not been properly explained and even though the petitioner was not arrested, she 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 her arrest or on her appearance before the learned Judicial Magistrate No.1, Madurai and on her 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 No.1, Madurai 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/- 13/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI 2 THE CHIEF JUDICIAL MAGISTATE, MADURAI 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S. S.MAHENDRAPATHY Advocate SR.No.31371 ssk/15.09.2011 /6c -2p/- ORDER IN CRL OP(MD) No.11582 of 2011 Date :13/09/2011 https://hcservices.ecourts.gov.in/hcservices/