BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12179 of 2011 1. P.S.KRISHNASAMY 2. P.S.K ABDUL HUK 3. M.PERIYASAMY 4. SEKAR : PETITIONERS/ACCUSED NOS.1 to 4 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL DISTRICT, DINDIGUL. IN CR.NO. 61 OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. A.CHANDRAKUMAR 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 petitioners/Accused Nos.1 to 4 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420, 294(b), 506(ii), 422, 355, 120(b), r/w Section 34 I.P.C. in Crime No.61 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. The learned Counsel for the petitioners would submit that the petitioners are arrayed as A1 to A4 as well as the de-facto complainant are the land brokers and the petitioners have received a sum of Rs.50,00,000/- as commission for the transaction but they have refused to pay the share of the de-facto complainant. Hence, the de- facto complainant given a complaint against the petitioners and the case has been registered on 08.09.2011 and the investigation is considerably over. He further submits that the case of the petitioners are that there is no agreement for payment of commission and the petitioners are not received any broker commission and now the petitioners are apprehend arrest and hence, they pray for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit that the petitioners and the de-facto complainant are jointly received Rs.50,00,000/- and the petitioners are agreed to pay Rs.10,00,000/- as broker commission to the de-facto complainant but, subsequently the petitioners have not been paid any amount to the de- facto complainant and the investigation is going on and hence he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made on both sides, admittedly the petitioners who are arrayed as A1 to A4 and the de- facto complainant who are jointly doing the real estate business and the case of the prosecution is that they have received Rs.50,00,000/- as commission and agreed to pay Rs.10,00,000/- share of the de-facto complainant but, subsequently, not repaid the same and there is no contract for payment of commission to the de-facto complainant and the investigation is considerably over and even though the petitioners were not arrested they neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 5. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.II, Dindigul, and each of them 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.II, Dindigul, and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6. The petitioners 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/- 14/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.2, DINDIGUL. 2. -DO- THROD' THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSEPCTOR OF POLICE, DISTRICT CRIME BRANCH, DINDIGUL DISTRICT, DINDIGUL. +1 CC to M/S. A.CHANDRAKUMAR Advocate SR.No.31297 ORDER IN CRL OP(MD) No.12179 of 2011 Date :14/09/2011 NSV/15.9.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/