1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of August Two Thousand Eleven PRESENT The Hon`ble Mr. Justice S.PALANIVELU CRL OP(MD) No.10911 of 2011 1 RAJKUMAR 2 CHIDAMPARANATHAN ... PETITIONERS / ACCUSED 1 & 2 Vs THE STATE REP. BY ITS THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH POLICE STATION, SIVAGANGAI DISTRICT, CRIME NO.21/2011. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. R.UDHAYAKUMAR Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.1 & 2 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 468 and 420 I.P.C. in Crime No.21 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned Counsel for the petitioners would submit that the petitioners are arrayed as A1 and A2 and the case was registered under Sections 468 and 420 I.P.C. in Crime No.21 of 2011. He further submitted that the first and second petitioners have sold the property to A3 as if the property belonged to them showing the patta in the names of the ancestors. But it is the claim of the de-facto complainant that he is the owner of the property. He further submits that the dispute is civil in nature and the alleged complaint has to be established before the civil Court and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor raises objection stating that the investigation is pending, and in case anticipatory bail is granted the petitioners may tamper the witnesses and hence he prays for dismissal of this application. 4.Considering the facts and circumstances of the case, the investigation has to be taken on the basis of documents and if any criminal case is found on the part of the petitioners, the respondent may file charge sheet and even though the petitioners were not arrested, they neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners with certain conditions. https://hcservices.ecourts.gov.in/hcservices/ 2 5.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.1, Sivagangai, and each of them 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, Sivagangai, and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6.The petitioners 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/- 22/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI. 2. THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI. 3. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH POLICE STATION, SIVAGANGAI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. R.UDHAYAKUMAR Advocate SR. No.28492 ORDER IN CRL OP(MD) No.10911 of 2011 Date :22/08/2011 RJ/24.8.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/