1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Friday, the Ninth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11963 of 2011 1 PACKIAM 2 R.M.B.CHINNAN :PETITIONERS / ACCUSED NOS.2&4. -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, CITY CRIME BRANCH, MADURAI CITY. CR.NO. 74/2011 :RESPONDENT / COMPLAINANT For Petitioner : M/S. S.MAHENDRAPATHY 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 apprehend arrest at the hands of the respondent police for the alleged offence punishable under sections 471, 465, 468, 420, 447, 427, 506(ii) I.P.C. and 120-B I.P.C., in Crime No.74 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioners would submit that a case has been registered on 05.09.2011 against five persons and these petitioners are arrayed as A2 and A4, who are the parents of A1. He further submits that the property is originally belonging to A3 and A3 has executed the power of attorney in favour of A1 and A1 sold the same to A2, who is the mother of A1 and A1 has already been arrested and enlarged on bail. 3.The learned counsel for the petitioners further submits that A1 has obtained Encumbrance Certificate from 01.01.1987 to 23.08.2011, in which the defacto complainant's name was not found place. He further submits that after purchasing of the property on 05.09.2007, the 1st petitioner has obtained an approval for construction of the house on 25.04.2008 and now a false case has been foisted against the petitioners and hence, he prays for enlargement on anticipatory bail. 4.The learned Additional Public Prosecutor would submit that A3 has executed the forged power of attorney in favour of A1 as if he is the legal heir of his fore father. He further submitted that the property is belonging to the one Kannammal, who is the real owner and the defacto complainant herein is the legal heir and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 2 5.Considering the rival submissions made by both sides and admittedly, the power of attorney has been executed by A3 in favour of A1 and A1 has executed the sale deed in favour of A2 on 05.09.2007 and he has also applied for approval for construction of the building and that approval has been granted by the competent authority on 25.04.2008. The defacto complainant has been given a complaint on 05.09.2011 as if he has inherited the property from one Kannammal, who is the real owner. However, the Encumbrance Certificate filed by the petitioner from 01.01.1987 to 23.08.2011, would reveal that except this sale deed, no encumbrance has been shown. 6.Considering the facts and circumstances of this case and also considering the fact that it is a civil dispute, I am inclined to grant anticipatory bail to the petitioners, with certain conditions. 7.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:I, Madurai 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 Magistrate concerned 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. 8.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, the petition for anticipatory bail stands dismissed. sd/- 09/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Judicial Magistrate No:I, Madurai. 2.-Do- Thro' The Chief Judicial Magistrate,Madurai. 3.The Public Prosecutor,Madurai Bench of Madras High Court,Madurai 4.The Inspector of Police,City Crime Branch, Madurai City. +1. CC to M/S. S.MAHENDRAPATHY Advocate SR.No.30864. RP/14.09.2011/2P/6C. ORDER IN CRL OP(MD) No.11963 of 2011 Date:09/09/2011. https://hcservices.ecourts.gov.in/hcservices/