BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.10105 of 2011 SYED SULAIMAN ... PETITIONER/ACCUSED Vs THE INSPECTOR OF POLICE CITY CRIME BRANCH, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. CR.NO.28 OF 2009. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. P.T.RAMESHRAJA Advocate For Respondent : MR.A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A7 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 417, 418, 419, 420, 465, 467, 468 and 474 I.P.C. in Crime No.28 of 2009 on the file of the respondent police and hence seeks anticipatory bail. 2. The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as A7 and he purchased the property from lawful owner on 17.06.2008 and the case has been registered on 08.04.2009. He would further submit that the case of prosecution is that A1 has fabricated the legal heir certificate is one Bakrudeen and settled the property in his wife/A2, in turn A2, has sold the same to A5 to A7, who are the brothers of A2. He would further submit that since the petitioner/A7 is a bonafide purchases for value, he apprehends arrest and has come forward with the application for anticipatory bail. 3. The learned Additional Public Prosecutor would submit that the defacto complainant has purchased the property from the true legal heir viz., one Bakrudeen, but A1 has fabricated the documents and settled the property in favour of his wife A2, in turn, A2 sold the property to her own brothers Viz., A5 to A9 and the investigation is going on and he prayed for the dismissal of the application. 4. Considering the rival submissions made by both sides, the alleged https://hcservices.ecourts.gov.in/hcservices/ legal heir certificate has been preferred on 07.03.2008 and the settlement deed has been executed on 04.04.2008 and the sale deed has been executed on 25.08.2008 and the case has been registered only on 08.04.2009. As per the learned Additional Public Prosecutor, A1 has fabricated the legal heir certificate and he settled the property to his wife A2, in turn, A2 has sold the property to her own brothers. Whereas the learned counsel appearing for the petitioner would submit that A7 is one of the bonafide purchaser and he is not the relative of A2. Considering the fact that even though the occurrence has been taken place on 25.08.2008, the complaint has been given only on 08.04.2009 and the investigation is considerably over, I am inclined to grant anticipatory bail to the petitioner/A7, with certain conditions. 5. Accordingly, the petitioner/A7 is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.I, Tirunelveli and on execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each of 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 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/- 09/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI. 3. THE INSPECTOR OF POLICE CITY CRIME BRANCH, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. P.T.RAMESHRAJA Advocate SR.No.26954 SR : 12.08.2011 : 2p/6c ORDER IN CRL OP(MD) No.10105 of 2011 Date :09/08/2011 https://hcservices.ecourts.gov.in/hcservices/