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.11173 of 2011 MARAGATHAM : PETITIONER/ACCUSED NO.15 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE, CITY CRIME BRANCH, MADURAI CITY, MADURAI. CRIME NO.69 OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. R.ALAGUMANI 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 petitioner/accused No.15 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 294(b), 420, 448, 471, 120(b), 427, 447, 468, 506(ii) of I.P.C., in Crime No.69 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned Counsel for the petitioner submits that the petitioner is arrayed as A15 and the petitioner is none other than the wife of A2. Originally, the property belongs to Chinna Kuppusamay who is having three sons namely Subbiah, Sundararamaiyar and Rengasamy that Sundararamaiyar is having three sons namely Kuppusamy, Santhamoorthy and Rajalu. On the basis of complaint given by one Murugan, the case has been registered against the accused stating that Murugan himself purchased the property from the heirs of another son of Kuppusamy, namely Rengasamy. He further submits that Rengasamy executed a Will in the year 7.6.1993 and in the year 1993, he himself stated that he is entitled to 1/2 share of present Survey No.70/1 in total extent of 1 Acre 9 Cents.He further submits that he has taken Encumbrance Certificate and it shows that Murugan has not purchased the property and also he produced the Encumbrance Certificate and without any right, the complainant herein has come forward with the complaint because of present scenario. The petitioner apprehend for arrest hence, she come forward with this application. 3. Refuting the same, the learned Additional Public Prosecutor (Crl.Side) submits that one Murugan has purchased the property from one Kumaresan who is the son of Rengasamy, and the property sold in favour of A15 but investigation is going on and hence, he prays for dismissal of the petition. https://hcservices.ecourts.gov.in/hcservices/ 4. Admittedly, the petitioners 3 to 9 in Crl.O.P. No. 11148 of 2011, except A10, A11 to A14 are descendents of Sundararamaiyer who is son of Chinna Kuppusamy who is the owner of entire property. Admittedly, as per the document filed by the learned Counsel for the petitioner, the Encumbrance Certificate has not shown that the de- facto complainant had any transaction with those Kumaresan and heirs of Rengasamy. The petitioners in Crl.O.P.No.1148 of 2011 have inherited the property and they executed the power of attorney in favour of A2 who in turn executed a Sale agreement in favour of A15/the petitioner herein and the power of attorney was executed on 28.09.2010 and the FIR was registered on 18.08.2011 and it is purely a civil dispute. Considering the fact that A1 to A9 were released on anticipatory bail and the petitioner is only the agreement holder,I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, No.I, Madurai, and 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 petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6. The petitioner 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/- 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, MADURAI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3. THE INSPECTOR OF POLICE, CITY CRIME BRANCH, MADURAI CITY, MADURAI. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. R.ALAGUMANI Advocate SR.No.29961 ORDER IN CRL OP(MD) No.11173 of 2011 NSV/13.9.11/2P/6C Date :05/09/2011 https://hcservices.ecourts.gov.in/hcservices/