1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirteenth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.13051 of 2011 V.K.T. PARAMESWARAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI CR NO. 28/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.KANAGARAJAN Advocate For Respondent : MR.K.S.DURAI PANDI, Addl.Public Prosecutor ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police, for offences under Sections 406 and 420 IPC in Crime no.28 of 2011, the petitioner has come up with this petition seeking anticipatory bail. 2. According to the case of prosecution, the de-facto complainant entered into a sale agreement with the first accused thereby agreeing to purchase the property of the first accused. Subsequently, when the first accused executed the sale deed, instead of conveying the title, for which the agreement was entered into, conveyed the title in some other property, which according to the de-facto complainant amounts to cheating. The petitioner is not an agreement holder and he is also not a person, who sold the property. He is only the brother of the other accused. 3. It is hard to believe that the de-facto complainant would have purchased the property, which he did not intend to purchase. He is also a party to a sale deed. Therefore, this allegation prima facie shows that the complaint has been made as an afterthought. Thus, the petitioner has made out a case for grant of anticipatory bail. Therefore, I am inclined to grant anticipatory bail to the petitioner, but with conditions. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on her appearance before the learned Judicial Magistrate, No.I, Madurai, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the respondent police as and when required for the purpose of interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. sd/- 13/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.I MADURAI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH,MADURAI. 4 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. S.KANAGARAJAN Advocate SR.No.35960 ORDER IN CRL OP(MD) No.13051 of 2011 Date :13/10/2011 PA/19.10.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/