1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.14220 of 2011 N.GANESH ... PETITIONER/ACCUSED NO.8 Vs STATE THROUGH THE SUB-INSPECTOR OF POLICE USILAMPATTI POLICE STATION, MADURAI DISTRICT. IN CRIME NO.381 OF 2007. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. K.SUNDARAVEL Advocate For Respondent : MR. K.S.DURAI PANDIAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is accused No.8 in Cr.NO.381 of 2007 on the file of the respondent police for offence punishable under Sections 193, 406, (*)418, 420, 423 and 465 of IPC. Apprehending arrest, at the hands of the respondent police, the petitioner is before this Court seeking anticipatory bail. 2.According to the case of the prosecution, the petitioner is one of the committee members of an organisation. The said organisation owned a property in Madurai. The committee passed a resolution to sell the property to a third party and accordingly, the same was sold. The de-facto complainant is one of the members of the committee. According to him, the property worth Rs.65 lakhs was sold for a paltry sum of Rs.25 lakhs. With these allegations, the present case has been registered. 3.The learned counsel for the petitioner would deny the above allegations. He would submit that because of the dispute between the committee members, the present case has been falsely foisted against the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 4.I have considered the above submissions. A perusal of the resolution would go to show that the signature of anybody was not forged and a resolution was passed by the committee and based upon the same, the property was sold. Hence, I find prima facie case for grant of anticipatory bail to the petitioner. 5.Accordingly, the petitioner is ordered to be released on anticipatory bail, with the following conditions: i)The petitioner in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Usilampatti, should execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned; ii)The petitioner shall report before the respondent police as and when required. Iii)The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. sd/- 01/11/2011 (*)Corrected order issued as per order of this Court dated 23.11.2011 by SNJ / TRUE COPY / Sub-Assistant Registrar (C.S.) TO (*)To be substituted to the order already despatched 1 THE JUDICIAL MAGISTRATE NO.I, USILAMPATTI 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE SUB-INSPECTOR OF POLICE, USILAMPATTI POLICE STATION, MADURAI DISTRICT. 4 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. K.SUNDARAVEL Advocate SR.No.37446 ORDER IN CRL OP(MD) No.14220 of 2011 Date :01/11/2011 TR :02.11.2011: 2p/6c ssk/24.11.2011 /6c-2p/- https://hcservices.ecourts.gov.in/hcservices/