BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.9118 of 2011 1. K.RAVI 2. K.MAYAN ... PETITIONERS/ACCUSED NO.1 & 2 Vs THE INSPECTOR OF POLICE KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT. ( CRIME NO.208 OF 2011 ) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. V. SASIKUMAR Advocate For Respondent : 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 petitioners/Accused Nos.1 and 2 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 420 and 506(ii) of I.P.C. in Crime No.208 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioners would submit that A1 purchased the property from the three sisters of the defacto complainant and in turn, he sold the same in favour of the second accused and now the second petitioner herein has filed O.S. No. 52 of 2011 on the file of the District Munsif Court, Sivagangai for declaration of title and injunction and the defacto complaint has given a complaint on 24.6.2011 and the petitioners are no way connected in the commission of offence and the case has been registered against the petitioners under Sections 120(b), 420 and 506(ii) of I.P.C. and they apprehend for arrest and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.Side)would submit that the defacto complainant in his complaint alleged that the suit property belongs to him and not to his three sisters and the patta is in the name of A2 and the case has been registered on 24.6.2011 and investigation is going on and he prays for dismissal of this application. 4.Considering the rival submissions made by both sides,this Court could find that the property is originally belonging to the defacto complainant family and A1 has purchased the property on 16.11.2010 from the three sisters of the defacto complainant and in turn, the property was purchased by A2 and the second petitioner has filed the suit in O.S.No. 52 of 2011 on the file of the District Munsif Court, Sivagangai for declaration of title and injunction, which was filed on 25.3.2011 and then only the complaint has been given and even though the case has been registered and no one has been arrested, the petitioners neither interfered with the investigation nor absconded from the jurisdiction. Considering the same, I am inclined to grant anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/ 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 No.I, Sivagangai, 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 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. 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/- 02/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI 2. THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI 3. THE INSPECTOR OF POLICE KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. V. SASIKUMAR Advocate SR.No.25576 GH : 04.08.2011 : 2p/6c ORDER IN CRL OP(MD) No.9118 of 2011 Date :02/08/2011 https://hcservices.ecourts.gov.in/hcservices/