1 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.11566 of 2011 1 S.VEDHANAYAGAM 2 NAVAMANI DAVID ... PETITIONER/ACCUSED No.2 & 4 Vs THE STATE REP.BY THE SUB-INSPECTOR OF POLICE DISTRICT CRIME BRANCH, IN CR.NO.42 OF 2011, THOOTHUKUDI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.RAGAVENTHREE Advocate For Respondent : MR.A.RAMAR, Addl.Public Prosecutor ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.2 and 4 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 419, 468, 471, 420 and 506(i) IPC, in Crime No.42 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. The learned counsel for the petitioners has sought permission of this Court to withdraw the petition in respect of the first petitioner/A2 and he has also made an endorsement to that effect. 3. The learned counsel for the petitioner/A4 submits that the property is owned by K.Murugan who is the husband of the de-facto complainant. It is the case of the prosecution is that A1 impersonated as de-facto complainant and executed a power of attorney in favour of A2, A3 and A4 are the attestors. Now, A6 is the co-owner of the property and the occurrence took place on 21.06.2011 and the case has been registered on 17.08.2011 against seven persons under Sections 120(b), 419, 468, 471, 420 and 506(i) IPC. A6 and A7 are alleged to made criminal intimidation agains tthe de-facto complainant. A4 is nothing to do with the commission of offence and he is only the attestor of the document and hence he prays for anticipatory bail. 4. The Learned Additional Public Prosecutor (Crl. Side) refuting the same, and he submits that A4 is the attestor of the document alleged to be executed by A1. A2 has got fabricated document with the help of A1, who impersonated as the de-facto complainant the investigation is going on and hence he prays for dismissal of the petition. 5. Considering the rival submissions made on both sides, and that A1 impersonated herself as the de-facto complainant and executed power of attorney in favour of A2 and in that document A3 and A4 are the attestors and the occurrence took place on 21.06.2011 and the complaint was given on 17.08.2011 and even though the petitioner/A4 was not arrested he neither interfgered with the investigation nor absconded https://hcservices.ecourts.gov.in/hcservices/ 2 from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner/A4 with certain conditions. 6. Accordingly, the petitioner /A4 is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate Court No. I, Thoothukudi 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 conditon that the petitoner shall report before the learned Judicial Magistrate concerned daily at 10.30 a.m. until further orders. The petitioner/A4 shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously. 7. The petitioner/A4 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. 8. This petition is dismissed as withdrawn as against the first petitioner/A2 in view of the endorsement made by the learned Counsel for the petitioners. 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.I,THOOTHUKUDI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3 THE SUB INSEPCTOR OF POLICE,DISTRICT CRIME BRANCH,THOOTHUKUDI, THOOTHUKUDI DISTRICT. 4 THE PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. S.RAGAVENTHREE Advocate SR.No.30072 ORDER IN CRL OP(MD) No.11566 of 2011 Date :05/09/2011 PA/07.09.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/