BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10174 of 2011 1 S.RAMAIAH 2 S.CHELLADURAI 3 DURAIRAJ 4 AMIRTHARAJ ... PETITIONER(S) / ACCUSED 3 TO 6 Vs STATE REP BY:: THE INSPECTOR OF POLICE UTHUMALAI POLICE STATION UTHUMALAI, TIRUNELVELI DISTRICT CR. NO.154/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. F.X.EUGENE 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 No.3 to 6 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 420, 423, 468, 109 of IPC in Crime No.154 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 as well as the A1 and A2 are brothers and they are the children of Sanmuga Devar and the property in Survey No.125/2 to an extent of 2.5600 hectares belongs to six persons. They are entitled to one sixth share in the property and they executed the power of attorney in favour A10 and in turn, A10 sold the property in favour of R.R.P. Limited wind mill company and now a false case has been foisted against the petitioners and the defacto complainant is the owner of 4 acres and 21 cents and she has purchased the property from other co- owners and the petitioners are nothing to with the commission of offence and as the properties are given by way of succession, the ingredients under Section 420 and 423 and 109 have not been made out and A1 and A2 were already arrested and enlarged on bail and now, the petitioners apprehend for arrest and they come forward with this application and prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor submitted that the defacto complainant is the owner of 4 acres and 21 cents in Survey No.125/2 and A1 to A6 have jointly executed the power of attorney in favour of A10 and without any title, he sold the property to R.R.P.limited wind mill company and the case has been https://hcservices.ecourts.gov.in/hcservices/ registered and investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and on perusal of documents filed by the petitioners it could be seen that Survey No.125/2 stands in the name of six persons and A1 to A6 are children of Shanmuga Devar/the first pattadhar and one acre and odd have been sold to R.R.P.limited wind mill company through the power agent/A10. Considering the same, since it is a civil dispute in such circumstances, 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 arrest or on their appearance before the learned Judicial Magistrate, Tenkasi 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 Magistrate concerned and on further condition that the petitioners shall appear before the concerned court 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/- 20/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, THENKASI, NELLAI DISTRICT 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE UTHUMALAI POLICE STATION, UTHUMALAI, TIRUNELVELI DISTRICT 1. CC to M/S. F.X.EUGENE Advocate SR.No.32284: DM::2011:SEPTEMBER:23:: ORDER IN CRL OP(MD) No.10174 of 2011 Date :20/09/2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/