1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S. TAMILVANAN CRL OP(MD) No.15840 of 2011 1.BADHURL ISLAM 2.A.S.K.AKBAR ALI ... PETITIONERS/ACCUSED 1 & 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ARAVAKURICHI POLICE STATION, KARUR,KARUR DISTRICT (CR.NO.NOT KNOWN OF 2011) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. A.SARVANAN Advocate For Respondent : MR. K.S.DURAI PANDIAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Heard the learned counsel appearing for the petitioners/accused as well as the learned Additional Public Prosecutor appearing for the respondent. 2.The petitioners, who are arrayed as accused facing charges for the alleged offences punishable under Sections 294(b), 464, 465, 419 and 420 IPC have come forward with this application, seeking anticipatory bail under Section 438 Cr.P.C. 3.Learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence. He would further submit that a false case has been foisted against them and hence, he prays for anticipatory bail. 4.Learned Additional Public Prosecutor appearing for the respondent submits that the first petitioner and the de-facto complainant are brohers and the second petitioner is the father-in-law of the first petitioner. The first petitioner had entered into two sale agreements with the third parties though eh is entitled to half sharer in the property and the de- facto complainant is also entitled to the other half share in the property. It is not in dispute that a total sum of Rs.2,50,000/- has been received by the first petitioner as advance and part of sale consideration from the proposed purchaser. 5.Learned counsel for the petitioners submits that, in the aforesaid circumstances, the petitioners are ready to deposit 50% of the advance amount received by the proposed purchaser without prejudice the claim of both parties, for which there is no tenable objection from the learned Additional Public Prosecutor appearing for the respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 6.Considering the facts and circumstances of the case, I find it just and reasonable to grant anticipatory bail to the petitioners on condition that the petitioners shall deposit a sum of Rs.1,25,000/- (Rupees One lakh and twenty five thousand only) to the credit of the case in Crime NO.398 of 2011 before the learned Judicial Magistrate No.II, Karur, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the petitioners are entitled to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Karur and on executing a personal 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 concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. 7.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 shall stand dismissed. sd/- 09/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.II, KARUR 2 THE CHIEF JUDICIAL MAGISTRATE KARUR 3 THE INSPECTOR OF POLICE, ARAVAKURICHI POLICE STATION, KARUR, KARUR DISTRICT 4 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. A.SARVANAN Advocate SR.No.43037 ORDER IN CRL OP(MD) No.15840 of 2011 Date :09/12/2011 TR : 15.12.2011: 2p/6c https://hcservices.ecourts.gov.in/hcservices/