BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of July Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9199 of 2011 CHANDRAN ... PETITIONER/ACCUSED NO.1 Vs STATE REP.BY, THE SUB-INSPECTOR OF POLICE THIRUPPUVANAM POLICE STATION SIVAGANGAI DISTRICT. CRIME NO.231 OF 2011. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. N.MEDHAVA GOVINDAN Advocate For Respondent : MR.A.RAMAR, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 120(b), 465,467, 419, 294(b), 452 and 506(ii) I.P.C., in Crime No.231 of 2011 on the file of the respondent police, seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that the petitioner has purchased the property from one Manickam/A2, who is the co-owner of the property along with his brother Mani, whose son is the defacto complainant. He would further submit that the petitioner is the bonafide purchaser of the property. He would further submit that the property in dispute is originally belonged to one Muthammla, who is the mother of A2. She executed the will in favour of his two sons viz., Mani and Manickam/A2. After the death of both sons, they divided the property among themselves in an oral partition and the disputed property is allotted to the share of Manickam/A2 and he was in possession and enjoyment of the property and he sold the same in favour of A1, the petitioner herein. Now, the defacto complainant, who is the son of Mani, has come forward with the complaint. He would further submit that the investigation is considerably over and since the petitioner apprehends arrest, he prayed for the enlargement of anticipatory bail in favour of the petitioner. 3. The learned Additional Public Prosecutor(Crl.Side)would submit that A2 has created and fabricated document in favour of the petitioner and sold the property to A1 and the investigation is going on and hence, he prayed for the dismissal of the application. 4. Considering the rival submissions made by both sides and also considering the fact that the petitioner is arrayed as A1 and he purchased the property from A2/Manickam in the year 2004 under a registered sale deed and the property is originally belonged to https://hcservices.ecourts.gov.in/hcservices/ Muthammal and she executed the will in favour of her two sons. As per the version of the learned counsel for the petitioner, after the death of Muthammal, in an oral partition, the disputed property has been allotted to the share of Manickam, in turn, he sold the same in favour of the petitioner herein. Considering the same, I am of the opinion that it is only a civil dispute and the petitioner neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearing before the learned Judicial Magistrate, Manamadurai and 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 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. 5. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed. Sd/- 26/07/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI 2 THE CHIEF JUDICIAL MAGISTATE,SIVAGANGAI 3 THE SUB-INSPECTOR OF POLICE THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. N.MEDHAVA GOVINDAN Advocate SR.No.24685 ssk/26.07.2011 /6c -2p/- ORDER IN CRL OP(MD) No.9199 of 2011 Date :26/07/2011 https://hcservices.ecourts.gov.in/hcservices/