BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice C.S.KARNAN CRL OP(MD) No.12136 of 2011 SENTHILKUMAR ... PETITIONER / ACCUSED NO.3 G.MUNIRATNAM ... INTERVENER Vs STATE REP. BY ITS THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TUTICORIN DISTRICT. CRIME NO.27 OF 2011. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. GOPALAKRISHNAN, Senior Advocate for M/S. V.KARTHIKEYAN Advocate For Respondent : M/S. A.RAMAR, Govt. Advocate ( Crl. Side) For Intervener : M/S. A.K.BASKARAPANDIAN, Advocate PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as A3 and he was surrendered before the respondent police on 11.08.2011 and remanded to judicial custody on 12.08.2011 for the alleged offence punishable under Sections 467, 468 and 471 of I.P.C., in Crime No.27 of 2011 on the file of the respondent police and hence seeks bail. 2. The case of the prosecution is that the petitioner has purchased the property from the Power of Attorney of the defacto complainant. The defacto complainant has executed the power in favour of the 1st accused and the said power was cancelled by him, but the 1st accused sold the property to the petitioner and other persons after the cancellation of the power of attorney. The defacto complainant alleged that he was in need of a sum of Rs.5,00,000/- for his urgent requirements and handed over the document of the property along with the power Deed to the 1st accused. The 1st accused has sold the property to the petitioner herein and other persons and cheated the defacto complainant. 3. The learned Counsel for the petitioner would submit that the defacto complainant has borrowed a sum of Rs.5,00,000/- and executed a power of attorney in favour of the 1st accused and also handed over all the original document pertaining to the property, which is belonging to the defacto complainant. The defacto complainant has lodged the present complaint only to obtain more money from the petitioner. He further submitted that the petitioner is an innocent https://hcservices.ecourts.gov.in/hcservices/ person and he has been falsely implicated in this case and hence, he prays for enlargement on bail. 4. The learned counsel for the intervenor would submit that there is a civil suit pending before the learned District Munsif Court, Tuticorin in O.S.No.374 of 2011 regarding the property dispute and hence, he prays for dismissal of this application. 5. The learned Additional Public Prosecutor would submit that the defacto complainant has executed a power of attorney in favour of A1, in respect of 64 cents and A1 has executed the settlement deed in favour of his daughter's name in respect of 4 ½ cents even after the cancellation of power of attorney and hence, he prays for dismissal of this application. 6. In view of the facts and circumstances of this case and also arguments submitted by the learned counsel on either side that there is a civil suit pending between the parties before the learned District Munsif, Tuticorin in O.S.No.374 of 2011 regarding the property dispute, this Court is inclined to grant bail to the petitioner with certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail 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 Judicial Magistrate No.1, Thoothukudi, within 15 days from the date of receipt of this order copy and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 04/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.1, THOOTHUKUDI 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH,TUTICORIN DISTRICT. 5 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI +1. CC to M/S. V.KARTHIKEYAN Advocate SR.No.34641 ORDER IN CRL OP(MD) No.12136 of 2011 Date :04/10/2011 SMA/04.10.2011/7C/2P https://hcservices.ecourts.gov.in/hcservices/