BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.9429 of 2011 V.MUNIYANDI : PETITIONER/ACCUSED Vs. THE STATE REP.BY THE INSPECTOR OF POLICE AVANIYAPURAM POLICE STATION, MADURAI. CRIME NO.NOT KNOWN OF 2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. S.P.SAMUEL RAJ 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 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 420, 468, 477 and 506(ii) I.P.C., in Crime No.not known on the file of the respondent police and hence, seeks anticipatory bail. 2. The learned Counsel appearing for the petitioner would submit that the petitioner apprehended for arrest on the basis of the complaint given by one Vasuki, W/o.Kuppusamy, Madurai for the alleged offences under Sections 420, 468, 477 and 506(ii) I.P.C. He would further submit that he defacto complainant has totally suppressed the real fact of civil case in O.S.No.17 of 2007 pending between the defacto complainant and the petitioner before the 1st Additional District Judge, Madurai, for recovery of possession of suit property and damages. He would further submit that in the meantime, the petitioner/accused filed a suit for specific performance against the defacto complainant in O.S.No.180 of 2009 before the III Additional Subordinate Court, Madurai and by an order dated 04.07.2011 made in I.A.No.750 of 2009 in O.S.No.180 of 2009, the petitioner was directed to deposit a sum of Rs.3,00,000/- by issuing lodgment schedule and the said case is posted on 03.08.2011 for hearing. He would further https://hcservices.ecourts.gov.in/hcservices/ submit that since the petitioner is the General Council member of D.M.K.Party and Ex-President of Veppankulam, Ramnad District, he apprehended for arrest and hence, he has come forward with the present application for the enlargement of anticipatory bail. 3. The learned Additional Public Prosecutor would submit that no case is pending before the respondent against the petitioner and only a complaint is pending before the Deputy Superintendent of Police, Special Wing for Land Grabbing Cases and prayed for the dismissal of the application. 4. Considering the submissions made on either side, since no case has been registered against the petitioner and only a petition is pending before the Deputy Superintendent of Police, Special Wing for Land Grabbing Cases. Further, this is a case of purely civil in nature and civil suits are pending against the alleged defacto complainant and the petitioner herein. In such circumstances, I am of the view that this is not a fit case for granting anticipatory bail and the same deserved to be dismissed. 5. Accordingly, this Criminal Original Petition is dismissed. However, I direct the Deputy Superintendent of Police, Special Wing for Land Grabbing Cases as well as the respondent not to harass the petitioner under the guise of enquiry and they are diercted to follow the dictum laid down in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. sd/- 10/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE DEPUTY SUPERINTENDENT OF POLICE, SPECIAL WING FOR LAND GRABBING CASES, MADURAI. 2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 3. THE INSPECTOR OF POLICE AVANIYAPURAM POLICE STATION, MADURAI. ORDER IN CRL OP(MD) No.9429 of 2011 NSV/12.8.11/2P/4C Date :10/08/2011 https://hcservices.ecourts.gov.in/hcservices/