BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.14115 of 2011 1 K.UMARANI 2 KALAIYA ... PETITIONERS/ACCUSED No.1 & 2 Vs STATE REP.BY, THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI IN CR.NO. 28/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.KANAGARAJAN Advocate For Respondent : MR.K.S.DURAIPANDI, Addl.Public Prosecutor(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are accused Nos.1 and 2 in Crime No.28 of 2011 on the file of the respondent police for offence under Sections 406 and 420 I.P.C . Apprehending arrest at the hands of the respondent police, the petitioners have come up with this petition seeking anticipatory bail. 2. According to the case of prosecution, the de-facto complainant entered into a sale agreement with the first petitioner/A-1 thereby agreeing to purchase the property of the first accused. Subsequently, when the first accused executed the sale deed, instead of conveying the title, for which the agreement was entered into, conveyed the title in some other property, which according to the de-facto complainant amounts to cheating. So far as the second petitioner is concerned, he is the husband of the first petitioner. 3. It is hard to believe that the de-facto complainant would have purchased the property, which he did not intend to purchase. He is also a party to a sale deed. Therefore, this allegation prima facie shows that the complaint has been made as an afterthought. Thus, the petitioner has made out a case for grant of anticipatory bail. Therefore, I am inclined to grant anticipatory bail to the petitioners, but with conditions. 4. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate, No.I, Madurai, on executing a separate https://hcservices.ecourts.gov.in/hcservices/ 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall report before the respondent police as and when required for the purpose of interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. Sd/- 03/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.I MADURAI 2 INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.KANAGARAJAN Advocate SR.No.38006 ssk/04.11.2011 /5c -2p/- ORDER IN CRL OP(MD) No.14115 of 2011 Date :03/11/2011 https://hcservices.ecourts.gov.in/hcservices/