BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Eighth day of March Two Thousand Eleven PRESENT The Hon`ble Mr.Justice R.S.RAMANATHAN CRL OP(MD) No.3849 of 2011 1 S. PALANISAMY 2 K. KALIYARAJ ..PETITIONERS/ACCUSED 4 & 5 Vs. THE STATE OF TAMIL NADU, THE SUB-INSPECTOR OF POLICE JEEYAPURAM POLICE STATION, TRICHY DISTRICT. CRIME NO.63/2011 ..RESPONDENT/COMPLAINANT For Petitioners : M/S. VEERA KATHIRAVAN Advocate For Respondent : MR.L.MURUGAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 465, 420, 467, 468 and 506(i) I.P.C., in Crime No.63 of 2011, on the file of the respondent police and hence, seek anticipatory bail. 2. The learned counsel for the petitioners submitted that the petitioners are the bonafide mortgagees. He further submitted that the first accused sold a portion of the property through his power agent, who was arrayed as A2 and mortgaged another portion of the property to the petitioners. He further submitted that A2 and A3 were already granted anticipatory bail by this Court in Crl.O.P.(MD)No.3263 of 2011, dated 15.03.2011. 3. It is submitted by the learned Government Advocate (Crl. Side) that even in the year 1993, the defacto complainant purchased the property from the accused and patta has also been transferred in his name and now by practising fraud, A2 obtained the power and he sold the property to A3. 4. Considering the facts and circumstances of the case and also considering the fact that the first accused was the owner of the property and he appointed A2, as his power agent and in that capacity, A2 sold the property to A3 and the defacto complainant https://hcservices.ecourts.gov.in/hcservices/ purchased the property from the accused when he was a minor represented by his sister and thus the petitioners appear to be the bonafide mortgagees, this Court is inclined to grant anticipatory bail to the petitioners. 5. Accordingly, the petitioners are ordered to be released on bail, in the event of their arrest or on their appearance before the learned Judicial Magistrate concerned on executing separate 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.III, Trichy and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and when required. 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, the petition for anticipatory bail stands dismissed. sd/- 28/03/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.III TRICHY. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE TRICHY. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE SUB-INSPECTOR OF POLICE JEEYAPURAM POLICE STATION, TRICHY DISTRICT. +1. CC to M/S.VEERA.KATHIRAVAN Advocate SR.No.8404 akm/31.03.11 /2p-6c/ ORDER IN CRL OP(MD) No.3849 of 2011 Date :28/03/2011 https://hcservices.ecourts.gov.in/hcservices/