BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S. RAJESWARAN CRL OP(MD) No.17149 of 2011 MARIA SOOSAI ... PETITIONER / ACCUSED NO.5 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUNELVELI CITY, CRIME NO.63/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. R.ANAND Advocate For Respondent : M/S.C.RAMESH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner / A5 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 465, 467, 468, 471, 420 and 120(B) of IPC in Crime No.63 of 2011 on the file of the respondent police, seeks for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. Heard Mr.R.Anand learned counsel for the petitioner and Mr.C.Ramesh, learned Additional Public Prosecutor appearing for the State. 3. The case of the petitioner is that a case has been registered against him under Sections 465, 467, 468, 471, 420 and 120(B)of IPC, in Crime No.63 of 2011 on the file of the respondent police. The petitioner is the Accused No.5 in the said case. He is the bona-fide purchaser of the property, from the legal heirs of the de-facto complainant, after thoroughly examining the documents executed by the original owner inn favour of the legal-heirs. While so, a Civil suit is pending between the petitioner and the legal heirs of the de-facto complainant in respect of the title of the property. Therefore, no motivation could be attributed, excepting the bona fide purchaser. 5. The learned Additional Public Prosecutor would submit in his argument that due to civil dispute, the petitioner has been implicated. He would further submit that the investigation is pending and if for any reason, this Court is inclined to grant bail to the petitioner, suitable conditions may be passed for the secured presence of the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 6. Considering the fact that the Civil suit is pending between the petitioner and the legal heirs of the de-facto complainant and the legal heirs and the defacto complainant. I am inclined to grant anticipatory bail to the petitioner, of course, subject to certain stringent conditions. 7. Accordingly, the petitioner is directed to be released on anticipatory bail, in the event of his arrest or on his appearance before the Judicial Magistrate concerned on executing 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 Judicial Magistrate No.I, Tirunelveli, and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of three weeks. 8. The petitioner shall appear before the Magistrate concerned within a period of 15 days, failing which, the anticipatory bail granted shall stand automatically cancelled. sd/- 28/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I TIRUNELVELI 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUNELVELI CITY +1. CC to M/S. R.ANAND Advocate SR.No.46213 ORDER IN CRL OP(MD) No.17149 of 2011 Date :28/12/2011 SMA/29.12.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/