BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventeenth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.14749 of 2011 1. RAMAKRISHNAN 2. LAKSHMI 3. LAVARAJA : PETITIONERS/ACCUSED RANK NOT KNOWN Vs. THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THOOTHUKUDI DISTRICT. CRIME NO.64 OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. R.ANAND Advocate For Respondent : Mr. K.S.DURAIPANDIAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are the accused and they prayed for grant of anticipatory bail under Section 438 Cr.P.C., for the alleged offences punishable under Sections 341, 294(b), 465, 467, 468, 471 and 506(i) of I.P.C in Crime No.64 of 2011 on the file of the respondent police. 2. Heard Mr.R.Anand, learned counsel appearing for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the State. 3. According to the learned counsel appearing for the petitioners, the first petitioner is the father, second petitioner is the step-mother and the third petitioner is the step-brother of the de-facto complainant and the complaint was filed by the de-facto complainant alleging that the first petitioner has created a will in respect of the property which was gifted away already by the grandfather of the de-facto complainant i.e., the father of the first petitioner and by virtue of creating a will, the petitioners want to grab the property from the hands of the de-facto complainant. He would further submit in his argument that the validity of the gift deed as claimed by the de-facto complainant and the proof of the will, have to be decided before the civil Court and it is purely a civil dispute and there is no criminality in the case and the first petitioner is sufficiently an aged person and the petitioners have got permanent root and therefore, the petitioners may be granted anticipatory bail. 4. The learned Additional Public Prosecutor would submit that the de-facto complainant has given a complaint alleging that he was https://hcservices.ecourts.gov.in/hcservices/ affected by the creation of the will said to have been executed by the petitioners in respect of a property for which a gift deed was said to have been executed in favour of the de-facto complainant by his grandfather and the criminality in the actions of the petitioners, have to be concluded only at the time of conclusion of the investigation and after filing of the charge sheet and if for any reason this Court is inclined to grant anticipatory bail to the petitioners, suitable conditions may be imposed. 5. Considering the submissions made by both parties, I could see that the allegation of the de-facto complainant in respect of the creation of the will as well as the grabbing of the said property belonging to him by virtue of a gift deed executed by the grandfather of the de-facto complainant, have to be seen only after the completion of the investigation. The said facts could also be tried by the civil Court. In such circumstances, since the petitioners have got permanent root in the society, I am inclined to grant anticipatory bail to the petitioners, but with conditions. 6. Accordingly, the petitioners are directed to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Thoothukudi and on executing a separate 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.I, Thoothukudi and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7. The petitioners shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. Sd/- 17/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.1, THOOTHUKUDI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSEPCTOR OF POLICE, DISTRICT CRIME BRANCH, THOOTHUKUDI DISTRICT. +1 CC to M/S. R.ANAND Advocate SR.No.40321 ORDER IN CRL OP(MD) No.14749 of 2011 NSV/18.11.11/2P/6C Date :17/11/2011 https://hcservices.ecourts.gov.in/hcservices/