BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Eleven PRESENT The Hon`ble Ms. Justice R.MALA CRL OP(MD) No.12689 of 2011 V.K.T. PARAMESWARAN ... PETITIONER / ACCUSED NO.1 B.SELVI ... PETITIONER/DEFACTO COMPLAINANT Vs STATE : REP.BY INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI, CR NO. 33/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.KANAGARAJAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor ( Crl. Side) For Intervenor : M/S.S.CHANDRASEKARAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.A1 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406,420,423,471,467,468,471 r/w 120-B I.P.C. in Crime No.33 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned Counsel for the petitioner would submit that the petitioner is arrayed as A1 and a false case has been foisted against A1 to A4 in Crime No.33 of 2011 registered under Sections 406,420,423,471,467,468,471 r/w 120-B I.P.C., stating that admittedly, the de-facto complainant is the owner of the property and that A1 entered into a sale agreement with the de-facto complainant for Rs.25,000/- (Rupees Twenty Five Thousand only) since the de-facto complainant was not doing well and that, he executed a power of attorney in favour of his son on 23.10.2009 and on the basis of same, the son of the de-facto complainant executed a sale deed in favour of A1 on 26.10.2009 and that A3 and A4 are the attestors of the document and that A4 is a document writer and that the petitioner is nothing to do with the commission of offence and after purchase by the petitioner herein, the de-facto complainant himself without any valid title, has executed a gift deed in favour of his family members and mortgaged the property and a false complaint was given against the petitioner and hence, he prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor (Crl.Side) would submit that A2 executed the sale deed in favour of A1 without consideration in an intoxicant mood and the investigation is going on and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the rival submissions made by both sides, it is seen that originally, the property in dispute is belonging to the de-facto complainant. The case of the petitioner who is A1, is that he entered into a sale agreement with the de-facto complainant for Rs.25,000/- (Rupees Twenty Five Thousand only) per cent, but because of his ill- health, he executed the power of attorney in favour his son on 23.10.2009. In pursuance of the power of attorney, the sale deed executed in favour of the petitioner herein and in that A2,A3 are the attestors and A4 is a document writer the petitioner herein purchased the property from the lawful owner and I am having reasonable ground for inferring that the offence as against the petitioner prima facie not made out. Hence, 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 his arrest or on his appearance before the learned Judicial Magistrate No.I, Madurai, and on his 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, the petition for anticipatory bail stands dismissed. sd/- 23/09/2011 / 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. THE CHIEF JUDICIAL MAGISTRATE MADURAI. 3. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. S.KANAGARAJAN Advocate SR. No.33010 ORDER IN CRL OP(MD) No.12689 of 2011 Date :23/09/2011 RJ/28.9.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/