BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of July Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.8978 of 2011 SERMAKANI ..PETITIONER/ACCUSED NO.2 Vs. STATE REP.BY THE INSPECTOR OF POLICE SAMBAVAR VADAKARAI POLICE STATION, IN CR.NO.128/2011, TIRUNELVELI DISTRICT. ..RESPONDENT/COMPLAINANT For Petitioner : M/S. S. MURUGAN 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 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 420, 465, 468 and 506(i) I.P.C., in Crime No.128 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 alleged occurrence has been taken place on 17.02.2010 and the case has been registered only on 14.07.2011 against three persons, the petitioner is arrayed as A2. He would further submit that A1 has already been arrested and he is in custody and the investigation is considerably over and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor would submit that A1 has already been arrested and he is in custody and the investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that A1 and two others have executed the sale deed in favour of the petitioner and he was the bonafide purchaser and A1 has already been arrested and the investigation is https://hcservices.ecourts.gov.in/hcservices/ considerably over and even though the petitioner was not arrested neither he 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 arrest or on his appearance before the learned Judicial Magistrate, Shencottah, Tirunelveli District and on 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 morning 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, the petition for anticipatory bail stands dismissed. sd/- 22/07/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, SHENCOTTAH, TIRUNELVELI DISTRICT. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE SAMBAVAR VADAKARAI POLICE STATION, TIRUNELVELI DISTRICT. +1. CC to M/S. S. MURUGAN Advocate SR.No.24109 akm/25.07.11 /2p-6c/ ORDER IN CRL OP(MD) No.8978 of 2011 Date :22/07/2011 https://hcservices.ecourts.gov.in/hcservices/