BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9374 of 2011 SUGANDHI ... PETITIONER/ACCUSED NO.2 Vs STATE REP.BY, THE SPECIAL SUB INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TUTICORIN IN CR.NO. 33 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. M.VALLINAYAGAM 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/Accused No.2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 465,468,471 and 420 I.P.C. in Crime No.33 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioner would submit that A1 is the owner of the property and he has executed a power of attorney in favour of one T.Jeyapandian to dealt with his properties. Taking advantage of the power of attorney, on the very same day the above said power of attorney created a sale agreement. After knowing the illegal act by Power of Attorney T.Jeyapandian, on 13.02.2006, A1 intimating the cancellation of power, by way of sending a registered post to Mr.T.Jeyapandian and also made a vide paper publication. Thereafter, he settled the property in favour of A2 none other than the wife of A1. on 07.09.2010. The de-facto complainant purchased the property from the alleged power of attorney T.Jeyapandian on 02.10.2010. A3 and A4 are attestors of the settlement deed and they were already enlarged on anticipatory bail. A1 was enlarged on anticipatory bail by the lower Court. Investigation is going on and hence, she prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.Side) submitted that A1 is the owner of the property and he was executed to A2. Except A2 others were enlarged on anticipatory bail and the investigation is going on and hence, he prays for dismissal of petition. 4.Considering the rival submissions, A1 is the husband of A2, the owner of the property, that he was executed a power of attorney https://hcservices.ecourts.gov.in/hcservices/ to one T.Jeyapandian on 11.02.2006 and that has been cancelled by way of paper publication and registered post. Thereafter he settled the property in favour of the petitioner/A2 none other than the wife of A1 on 07.09.2010 under two deeds. The petitioner is only a settlee nothing to do with the offence. Hence, 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 her arrest or on her appearance before the learned Judicial Magistrate No.1, Tuticorin, 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 05.30 p.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/- 12/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.I TUTICORIN 2 THE CHIEF JUDICIAL MAGISTATE TUTICORIN 3 SPECIAL SUB INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TUTICORIN 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. M.VALLINAYAGAM Advocate SR.No.27481 ssk/16.08.2011 /6c -2p/- ORDER IN CRL OP(MD) No.9374 of 2011 Date :12/08/2011 https://hcservices.ecourts.gov.in/hcservices/