BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S. RAJESWARAN CRL OP(MD)Nos.17377, 17418 to 17422 and 17381 to 17383 and 17389 of 2011 1 KASINATHAN 2 MURUGAN 3 RAJKUMAR 4 RAJENDRAN ..PETITIONERS/ACCUSED NO. 10,11,12 AND 15 IN CRL OP. 17377 OF 2011 PETITIONERS/ACCUSED NO. 10,11,12 AND 15 IN CRL OP. 17381 OF 2011 PETITIONERS/ACCUSED NO. 10,11,12 AND 15 IN CRL OP. 17382 OF 2011 PETITIONERS/ACCUSED NO. 10,11,12 AND 15 IN CRL OP. 17383 OF 2011 PETITIONERS/ACCUSED NO. 10,11,12 AND 15 IN CRL OP. 17389 OF 2011 1 R.GOPAL 2 PALANI ALIAS K. PALANIVEL 3 A.PANDI ..PETITIONERS/ACCUSED NO. 1, 3 AND 5 IN CRL OP. 17418 OF 2011 PETITIONERS/ACCUSED NO. 1, 3 AND 8 IN CRL OP. 17419 OF 2011 PETITIONERS/ACCUSED NO. 1, 3 AND 5 IN CRL OP. 17420 OF 2011 PETITIONERS/ACCUSED NO. 1, 3 AND 5 IN CRL OP. 17421 OF 2011 PETITIONERS/ACCUSED NO. 1, 3 AND 5 IN CRL OP. 17422 OF 2011 Vs STATE REP BY:: THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI, IN CRIME NO.92/2011 ..RESPONDENT / COMPLAINANT IN CRL OP 17377 OF 2011 IN CRIME NO. 94 OF 2011 ..RESPONDENT / COMPLAINANT IN CRL OP 17381 OF 2011 IN CRIME NO. 93 OF 2011 ..RESPONDENT / COMPLAINANT IN CRL OP 17382 OF 2011 IN CRIME NO. 91 OF 2011 ..RESPONDENT / COMPLAINANT IN CRL OP 17383 OF 2011 IN CRIME NO. 90 OF 2011 ..RESPONDENT / COMPLAINANT IN CRL OP 17389 OF 2011 THE INSPECTOR OF POLICE, (LAND GRABERS CELL) DISTRICT CRIME BRANCH, MADURAI IN CRIME NO. 90 OF 2011 ..RESPONDENT / COMPLAINANT IN CRL OP 17418 OF 2011 IN CRIME NO. 94 OF 2011 ..RESPONDENT / COMPLAINANT IN CRL OP 17419 OF 2011 IN CRIME NO. 91 OF 2011 ..RESPONDENT / COMPLAINANT IN CRL OP 17420 OF 2011 IN CRIME NO. 93 OF 2011 ..RESPONDENT / COMPLAINANT IN CRL OP 17421 OF 2011 IN CRIME NO. 92 OF 2011 ..RESPONDENT / COMPLAINANT IN CRL OP 17422 OF 2011 For Petitioner : M/S. T.A.EBENEZER Advocate IN CRL OP; 17377 OF 2011 AND CRL OP;17381 TO 17383 AND 17389 OF 2011 For Petitioner : M/S. VEERA.KATHIRAVAN, Advocate IN CRL OP; 17418 TO 17422 OF 2011 For Respondent : MR. C. RAMESH, ADDL. PUBLIC PROSECUTOR IN ALL PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- https://hcservices.ecourts.gov.in/hcservices/ COMMON ORDER In Crl.O.P.(MD)No.17377 of 2011, the petitioners are arrayed as accused Nos.10,11,12 and 15 and they prayed for the grant of anticipatory bail under Section 438 of the Code of Criminal Procedure for the alleged offences punishable under Sections 120(B), 419, 417, 468, 471 and 420 of the Indian Penal Code in Crime No.92 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. In Crl.O.P.(MD)Nos.17418 to 17422 of 2011, the petitioners are arrayed as accused and they prayed for the grant of anticipatory bail under Section 438 of the Code of Criminal Procedure for the alleged offences punishable under Sections 120(B), 419, 417, 468, 471 and 420 of the Indian Penal Code in Crime Nos.90, 94, 91, 93 and 92 of 2011, respectively on the file of the respondent police and hence, seek anticipatory bail. 3. In Crl.O.P.(MD)Nos.17381 to 17383 and 17389 of 2011, the petitioners are arrayed as accused and they prayed for the grant of anticipatory bail under Section 438 of the Code of Criminal Procedure for the alleged offences punishable under Sections 120(B), 419, 417, 468, 471 and 420 of the Indian Penal Code in Crime Nos.94, 93, 91 and 90 of 2011 respectively on the file of the respondent police and hence, seek anticipatory bail. 4. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the State. 5. In respect of Crl.O.P.(MD)No.17377 of 2011 and 17381 to 17383 and 17389 of 2011, the case of the petitioners is that they have been arrayed as accused for the alleged offences punishable under Sections 120(B), 419, 417, 468, 471 and 420 of the Indian Penal Code. They claim that they were given power of attorney by the owner of the property by name one Lakshmi Ammal. Later on, she cancelled the power of attorney alleging that they have committed fraud on her. 6. In respect of Crl.O.P.(MD)Nos.17418 to 17422 of 2011, the petitioners have been arrayed as accused in Crime Nos.90,94, 91,93 and 92 of 2011, respectively. Challenging the same, they have filed five cases. According to them, they are the purchasers of the property from the power of attorney holders of the owner of the property by name Lakshmi Ammal. But, since they are the bona fide purchasers, they are https://hcservices.ecourts.gov.in/hcservices/ now being charged for the offences stated supra by the de facto complainant. 7. According to the petitioners, this case is purely a civil in nature and it has to be agitated in a different forum and the criminal offences would not lie. 8. In view of the above narrated facts, it cannot be stated that the petitioners herein have committed any fraud or cheating the original owner of the property in question. Therefore, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are directed to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.1, Madurai and on 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 Judicial Magistrate No.1, Madurai and on further condition that the petitioners shall appear before the concerned Magistrate daily at 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 9. The petitioners shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 28/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI 3 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI, 5 THE INSPECTOR OF POLICE (LAND GRABERS CELL) DISTRICT CRIME BRANCH, MADURAI 5CC to M/S. T.A.EBENEZER Advocate SR.No.46175, 46177 TO 46180 5CC to M/S. VEERA. KATHIRAVAN, Advocate SR.No.46164 TO 46168 DM::2011:DECEMBER:29:: ORDER IN CRL OP(MD)Nos.17377, 17418 to 17422 and 17381 to 17383 and 17389 of 2011 Date :28/12/2011 3P:16CC'S https://hcservices.ecourts.gov.in/hcservices/