BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12642 of 2011 1. A.PARAMASIVAM 2. G.ARUNACHALAM : PETITIONERS/ACCUSED NO.8 & 9 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, I/c. ANTI-LAND GRABBING CELL, TIRUNELVELI. IN CR.NO.68/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. S.R.A. RAMACHANDHRAN 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 petitioners/Accused Nos.8 and 9 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 467,465,468,471 and 120(B) I.P.C. in Crime No.68 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. The learned Counsel for the petitioners would submit that a false case has been foisted against the petitioners on 29.08.2011. The case has been registered against A1 to A9 under Sections 467,465,468,471 and 120(B) I.P.C. He further submitted that originally the property owned by A1 to A7 and they executed a power of attorney to A8. A8 and A9 entered into a sale agreement on 18.04.2011; A1 has received a sum of Rs.9,00,000/- and they also discharged the loan and he is the bona fide agreement holder but the false case has been foisted against them stating that the de-facto complainant has purchased the property from A1 to A7 in the year 2004 but the petitioners are nothing to do with the commission of offence. A1,A6 and A7 were arrested and the investigation is considerably over and hence they pray for their enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor (Crl.Side) would submit that originally the property belongs to A1 to A7 and they have sold the property in favour of the de-facto complainant's wife in the year 2004, without any valid right they executed the sale deed in favour of A8 in the year 2008, in turn A8 entered into sale agreement with A9 and now the investigation is an https://hcservices.ecourts.gov.in/hcservices/ earlier stage no one enlarged on bail and hence he prays for dismissal of this petition. 4. I have considered the rival submissions made on either side. Admittedly, the property originally belongs to A1 to A7 and they have executed a power of attorney in favour of A8 and they sold the property to the de-facto complainant's wife. A8 has obtained a power of attorney from A1 to A7 and they entered into a sale agreement with A9 on 07.05.2011 and A1 received Rs.9,00,000/- and the bank loan has been discharged. Since A8 is power of attorney on the basis of power of attorney he executed the sale agreement and already A1 and A6 were arrested; A1 to A7 are the persons who cheated the A8 and A9. 5. Considering the gravity of the case, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 6. 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.I, Tirunelveli, and each of them executing a separate 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 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. 7. 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, the petition for anticipatory bail stands dismissed. sd/- 22/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE NO.1, TIRUNELVELI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSEPCTOR OF POLICE, DISTRICT CRIME BRANCH, I/c. ANTI-LAND GRABBING CELL, TIRUNELVELI. +1 CC to M/S. S.R.A. RAMACHANDHRAN Advocate SR.No.32748 ORDER IN CRL OP(MD) No.12642 of 2011 Date :22/09/2011 NSV/23.9.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/