BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9645 of 2011 1 VEERAPUTHIRAN 2 V. SELVAMANI 3 V. KALAISELVAN 4 K. PIRAMILA ... PETITIONERS / ACCUSED 1 to 4 Vs STATE REP. BY ITS THE INSPECTOR OF POLICE AIRPORT POLICE STATION, TRICHY, CRIME NO.389/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. V.ILLANCHEZIAN Advocate For Respondent : M/S. A.RAMAR, 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 406 and 420 of I.P.C., in Crime No.389 of 2011 on the file of the respondent police and hence seek anticipatory bail. 2. The learned counsel for the petitioners would submit that the alleged occurrence has been taken place on January 2009 and complaint has been registered on 20.06.2011. He further submitted that the first petitioner has received a sum of Rs.2,35,000/- and he repaid a sum of Rs.1 lakh on 17.08.2010 and on 02.05.2011 he repaid another sum of Rs.1 lakh and the balance amount is only Rs.51,500/-. He further submitted that the petitioners are ready to pay the balance amount, but a false complainant has been given against the petitioners under Sections 406 and 420 I.P.C. and hence, he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor would submit that the first petitioner is not the owner of the property, but executed the sale agreement in favour of the defacto complainant for Rs.2,35,000/-. After came to know that he is not the owner of the property, the defacto complainant demanded the money, but the first petitioner has not repaid the amount and hence, the complaint has been given and the investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides as well as the document filed by the petitioner that the case has been registered on 10.07.2011 under Sections 406 and 420 I.P.C. and the alleged sale agreement has been taken place on 02.12.2007 and he has received a sum of Rs.2,35,000/- and executed the sale agreement in favour of the defacto complainant, but the document filed by the https://hcservices.ecourts.gov.in/hcservices/ petitioner, which shows that, he repaid a sum of Rs.1 lakh on 17.08.2010 and another sum of Rs.1 lakh was repaid on 02.05.2011 and the petitioner has paid a sum of Rs.1,000/- as a rent to the defacto complainant. 5. Considering the same and as per the version of the petitioner, the property is belonging to the Slum Clearance Board and the major portion of the amount has been paid and the petitioners are ready to pay the balance amount, I am inclined to grant anticipatory bail to the petitioners, with certain conditions. 6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.VI, Trichy, subject to the following stringent conditions:- (i) The petitioners shall deposit a sum of Rs.51,500/- (Rupees Fifty one Thousand and Five Hundred only) to the credit of Crime No.389 of 2011 before the learned Judicial Magistrate No.VI, Trichy; (ii) On such deposits they shall execute a 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.VI, Trichy, and (iii) The petitioners shall appear before the learned Judicial Magistrate No.VI, Trichy, daily at 10.30 a.m. until further orders. (iv) 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/- 04/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.VI, TRICHY 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE AIRPORT POLICE STATION, TRICHY +1. CC to M/S. V.ILLANCHEZIAN Advocate SR.No.26321 ORDER IN CRL OP(MD) No.9645 of 2011 Date :04/08/2011 SMA/09.8.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/