BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10095 of 2011 KULANTHAIRAJA ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH TUTICORIN DISTRICT CR.NO.36/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.VEILKANI RAJU Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor ( 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 419,468,471,420 and 506(i) IPC, in Crime No.36 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned Counsel for the petitioner submits that the petitioner is arrayed as A2 and he is nothing to do with the commission of offence and the case has been registered against four persons. He further stated that the de-facto complainant is the owner of the property. It is alleged that A1 forcibly obtained a sale deed from the de-facto complainant, with the help of A2/petitioner herein. A1 has executed a power deed to A3 and A3 sold the property to A4 on 25.02.2010 and now the son of the de-facto complainant filed O.S.No.85 of 2011 on the file of the District Munsif Court, Kovilpatti for declaration that the sale deed is null and void and A1 was arrested and enlarged on bail and A4 was enlarged on anticipatory bail now the petitioner apprehends arrest and hence, he prays for anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.Side) refuting the same and submits that the suit property originally belongs to the de- facto complainant. A2 forcibly obtained a sale deed and executed in favour of A1 and in turn A1 executed the power of attorney to A3. A3 sold the property to A4 and the investigation is going on and hence he prays for dismissal of the petition. 4.Considering the rival submissions and on perusal of records, admittedly the property owned by the de-facto complainant and the case of the prosecution is that A1 obtained the sale deed forcibly and that has to be decided only at the time of trial. A1 has purchased the property and executed a power of attorney to A3 on 29.01.2009. A3 sold the same https://hcservices.ecourts.gov.in/hcservices/ to A4 on 25.02.2010 and the son of the de-facto complainant filed the suit in O.S.No.85 of 2011 on the file of District Munsif Court, Kovilpatti for declaration of sale deed in favour of second defendant on 05.01.2009 as null and void and also for recovery of possession. Since the civil suit is pending and the investigation is considerably over and A1 was arrested and enlarged on bail 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.II, Kovilpatti 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 Magistrate concerned 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/- 05/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI 2. THE CHIEF JUDICIAL MAGISTRATE TUTICORIN. 3. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH TUTICORIN DISTRICT 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.M.VEILKANI RAJU Advocate SR. No.29770 ORDER IN CRL OP(MD) No.10095 of 2011 Date :05/09/2011 RJ/7.9.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/