BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of July Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9151 of 2011 1 ARUNPRASAD KUMAR 2 ARUN PRABAKAR 3 ARUN THOMAS ..PETITIONERS/ACCUSED NOS.1 TO 3 Vs. STATE REP.BY THE SUB-INSPECTOR OF POLICE VICKRAMASINGAPURAM POLICE STATION, CR. NO.300 OF 2011, TIRUNELVELI DISTRICT. ..RESPONDENT/COMPLAINANT For Petitioners : M/S. S.RAGAVENTHRE 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 Nos.1 to 3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 420,468,294(b) and 506(i) IPC in Crime No.300 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned Counsel for the petitioners would submit that the properties are belonging to A4 and he has executed Power of Attorney in favour of A1 and in turn, he sold the property to A2. A3 is none other than the brother of A1 and A2. As there is a civil dispute between A2 and the de-facto complainant in O.S.No.41 of 2010 on the file of the Principal District Munsif Court, Ambasamudram, a false case has been registered against the petitioners on 14.07.2011 and the investigation is considerably over. Hence, he seeks enlargement of anticipatory bail. 3.The learned Additional Public Prosecutor submits that A4 is the owner of the property but he falsely executed a power of attorney in favour of A1. In turn A1 executed a Sale Deed to A2. A3 conspired the executed the sale deed. Investigation is in earlier stage. Hence, he prayed for dismissal of the petition. 4.Considering the rival submissions made on both sides this court could finds that as per the document filed by the petitioner https://hcservices.ecourts.gov.in/hcservices/ already O.S.No.41 of 2010 is pending and the de-facto complainant has given a complaint only on 14.07.2011 and the investigation is going on considering the fact that the civil suit is pending, I am of the view that the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate Ambasamuthram, 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. 5. 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, the petition for anticipatory bail stands dismissed. sd/- 22/07/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, AMBASAMUDRAM. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE SUB-INSPECTOR OF POLICE VICKRAMASINGAPURAM POLICE STATION TIRUNELVELI DISTRICT. +1. CC to M/S. S.RAGAVENTHRE Advocate SR.No.24282 akm/25.07.11 /2p-6c/ ORDER IN CRL OP(MD) No.9151 of 2011 Date :22/07/2011 https://hcservices.ecourts.gov.in/hcservices/