BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11381 of 2011 R.SRINIVASAN : PETITIONER/ACCUSED NO.6 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE THILLAINAGAR POLICE STATION, TRICHY DISTRICT., CRIME NO.740 OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. A.NIRMALA RANI Advocate For Respondent : Mr. A.RAMAR Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.A6 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 506(1), 420, 406,467,468,471 and 120(B) I.P.C in Crime No.740 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2. The learned Counsel for the petitioner would submit that the petitioner has a bona fide purchaser of the property from A1 to A5 but the de-facto complainant gave a complaint stating that he has entered into a sale agreement with A1 to A5 and on the basis of complaint the case has been registered against the petitioner under Sections 294(b), 506(1), 420, 406,467,468,471 and 120(B) I.P.C in Crime No.740 of 2011 and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor would submit that the properties owned to A1 to A5. A1 is the mother and A2 to A5 are children and they are entered into a sale agreement with the de-facto complainant and received Rs.20,80,000/- but he did not execute the sale agreement and the case has been registered on the basis of Section 156(3) Cr.P.C. and the investigation is going on and hence he prays for dismissal of this application. 4. Considering the rival submissions made by both sides, admittedly, A1 to A5 are the owners of the property and the petitioner is arrayed as A6 and as per the version by the learned Counsel for the petitioner there is no Encumbrance mentioned in the https://hcservices.ecourts.gov.in/hcservices/ Encumbrance Certificate on the property, at the time of purchase. While pursuing the complaint the de-facto complainant not given the date of sale agreement entered into between the de-fato complainant and A1 to A5 and the dispute is purely civil in nature and the petitioner is arrayed as A6 and he is a bona fide purchaser and even though the petitioner was not arrested he neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No. IV, Tiruchirappalli, and on his 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.IV, Tiruchirappalli, 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. 6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, anticipatory bail petition stands dismissed. sd/- 30/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.4, TIRUCHIRAPPALLI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE, THILLAINAGAR POLICE STATION, TRICHY DISTRICT. +1 CC to M/S. R.A.S.ANANDARAJ Advocate SR.No.29655 ORDER IN CRL OP(MD) No.11381 of 2011 Date :30/08/2011 NSV/6.9.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/