BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15031 of 2011 V. SELVARAJ ... PETITIONER/ACCUSED NO.1 Vs STATE REP.BY, THE INSPECTOR OF POLICE ALANGULAM POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.409/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.PALANIVELAYUTHAM Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl.Public Prosecutor(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. 2.According to the submission of the learned counsel for the petitioner, the petitioner is the first accused and he has no criminality in the alleged offence complained by the de facto complainant. He would further submit in his argument that the allegation is that the petitioner has executed a power of attorney deed in favour of A-2, even though he has already sold the property to the de facto complainant through a sale agreement, subsequently through a sale deed, with a view to cheat him. He would also submit in his argument that the petitioner was taken by the second accused, who is a seasoned money lender and obtained the signature in the power deed, even though he was not willing to execute the same and to register the same and there is no criminality for the petitioner to execute the power deed and only at the compulsion of the second accused, to execute the power deed in favour of the second accused, he has executed the same. The petitioner is having permanent root in the society and he may be granted anticipatory bail. 3.The learned Additional Public Prosecutor would submit in his argument that the petitioner has executed a power deed in favour of A-2 in respect of the same property, for which he has sold the property to the de facto complainant and therefore, the petitioner has committed a serious offence by knowing full well and in this case, investigation is still pending and this is not a case for grant of anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 4.At this stage, the learned counsel for the petitioner seeks permission of this court to withdraw this petition. 5.Permission is granted. Accordingly, this criminal original petition is dismissed as withdrawn. Sd/- 21/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COUTRT, MADURAI 2 THE INSPECTOR OF POLICE ALANGULAM POLICE STATION, TIRUNELVELI DISTRICT ssk/24.11.2011 /3c -2p/- ORDER IN CRL OP(MD) No.15031 of 2011 Date :21/11/2011 https://hcservices.ecourts.gov.in/hcservices/