BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) Nos.11720 & 11721 of 2011 1 MAHALINGAM 2 DHARMALINGAM 3 DHASAN NADAR 4 THANGAIAH NADAR ... PETITIONERS/ACCUSED NO.1 TO 4 IN CRL OP.(MD)NO.11720/2011 G.SENTHILKUMAR ... PETITIONER/ACCUSED NO.5 IN CRL OP.(MD)NO.11721/2011 Vs STATE REP.BY, THE INSPECTOR OF POLICE NANGUNERI POLICE STATION, NANGUNERI POST, TIRUNELVELI DISTRICT, CRIME NO.271/2011 ... RESPONDENT/COMPLAINANT IN BOTH THE PETITIONS For Petitioner : M/S. M.SARAVANAKUMAR Advocate For Respondent : MR.A.RAMAR, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos. 1 to 4 and 5 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 418,468,471,420 & 506(i) IPC, in Crime No.271 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned Counsel for the petitioners submits that A1 to A4 are the owners of the property and that A5 purchased the property in the year 1995 by mutation of revenue records in the year 2006 and that has been challenged by the de-facto complainant which was dismissed, against which, the appeal has been preferred and that has been dismissed. Now the revision is pending. Because of present scenario, he gave a complaint before the Superintendent of Police and that has been forwarded and on that basis only, the case has been registered and the petitioners are the lawful owners and hence, he prays for anticipatory bail. 3. The learned Additional Public Prosecutor (Crl.Side) refuting the same, submits that A1 to A4 without any document, executed the sale deed in favour of A5 and the case has been registered on https://hcservices.ecourts.gov.in/hcservices/ 26.08.2011 and the investigation is in earlier stage and hence he prays for dismissal of the petition. 4.Considering the rival submissions made on both sides and the facts that A5 has purchased the property in the year 1995 from A1 to A4 mutation of revenue records made in the year 2006 and that has been challenged by the de-facto complainant which has been dismissed, against which, the appeal which was preferred before the Revenue Divisional Officer and that he has also been dismissed. Now, the revision is pending. During the pendency of the revision, a complaint was given because of present scenario. Since it is a civil dispute and even though the petitioners were not arrested they neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 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, Nanguneri 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 learned Judicial Magistrate 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. 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, anticipatory bail petition stands dismissed. Sd/- 06/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NANGUNERI 2 THE CHIEF JUDICIAL MAGISTATE TIRUNELVELI 3 THE INSPECTOR OF POLICE NANGUNERI POLICE STATION, NANGUNERI POST, TIRUNELVELI DISTRICT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +2.CC to M/S. M.SARAVANAKUMAR Advocate SR.Nos.30084 & 30085 ssk/07.09.2011 /7c -2p/- ORDER IN CRL OP(MD) Nos.11720 & 11721 of 2011 Date :06/09/2011 https://hcservices.ecourts.gov.in/hcservices/