BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Eighth day of November Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE V.PERIYA KARUPPIAH CRL OP(MD) No.15486 of 2011 ARUN THOMAS ... PETITIONER/SOLE ACCUSED Vs THE INSPECTOR OF POLICE, VICKRAMASINGAPURAM POLICE STATION, TIRUNELVELI DISTRICT. IN CR.NO. 327 OF 2010 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.PALANIVELAYUTHAM Advocate For Respondent : MR.K.S.DURAI PANDIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/sole accused apprehends arrest at the hands of the respondent police for the alleged offence under Sections 268, 427, 447, 506(ii) I.P.C. read with Section 4 of TNPCEI Act, 2003 in Crime No.327 of 2010, on the file of the respondent police and hence, seeks anticipatory bail under Section 438 of the Code of Criminal Procedure. 2.Heard Mr.S.Palanivelayutham, learned counsel appearing for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor, appearing for the State. 3.The learned counsel appearing for the petitioner would submit in his argument that the petitioner is in possession and enjoyment of the disputed property on the basis of registered mortgate executed by the defacto complainant in favour of the petitioner's father, which was not discharged during the life time of the petitioiner's father and subsequently, the defacto complainant and her husband borrowed money to the tune of Rs.10 lakhs and title deeds of house property have been deposited for the said loan and her husband viz., Namasivayam also orally agreed to sell the property in his favour and on the said oral sale agreement, the petitioner continued in possession and enjoyment of the property and he dug well and raised plaintain cultivation and on seeing the developed disputed property, the defacto complainant has started to deny the right of the petitioner had with the husband of the defacto complainant and the outstanding amount payable to the petitioner and in order to deceive the petitioner, the defacto complainant has refused everything and therefore a suit has been filed by the petitioner before the competent Court in O.S.No.15 of 2009 and subsequently, the defacto complainant has also filed a suit in O.S.No.289 of 2010 with the relief of permanent injunction and the applications filed by the defacto complainant in I.A.No.698 of 2010 and I.A.No.216 of 2011 were dismissed by the said Court on the ground that the possession of said property was with the petitioner and the Civil Court has given a verdict to the effect that the petitioner is in lawful possession and the criminality of the alleged act said to have been committed by the petitioner has to be looked into only at the conclusion of investigation and therefore the petitioner has got a prima facie case for the grant of anticipatory bail. He would further submit that he has got permanent residence and root in the society and he will not abscond from the clutches of law and he would abide any condition likely to be imposed against him for the grant of anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor would submit in his argument that the possession of the petitioner is not legal since he is relying upon the oral sale agreement which has to be proved before the Court of law, but, the ownership is admittedly with the defacto complainant and therefore, the squating of possession by the petitioner is to illegal and therefore, there is an element of criminality. He would further submit that the petitioner is not entitled for any anticipatory bail and if for any reasons, the petitioner is granted with anticipatory bail, suitable conditions may be imposed against him for his secured presence. 5.Considering the submissions made by both sides, I could see that regarding the dispute had by the parties in respect of the disputed land, are depending on the decisions to be reached in the two suits pending before the Court concerned in O.S.No.O.S.No.15 of 2009 and O.S.No.289 of 2010. According to the submissions of the learned counsel for the petitioner that the injunction applications filed by the defacto complainant were dismissed by the said Court, holding that the petitioner is found to be in lawful possession. However, the civil suits are pending regarding disputed property, the Civil Court is the competent authroty to find about the nature of possession in its judgment to be passed. In the said circumstances, the alleged criminality for committing the crime has to be found only at the conclusion of the investigation and till then, I could see that the petitioner has got a prima facie case for the grant of anticipatory bail. 6.Accordingly, the petitioner is directed to be released on bail, in the event of his arrest or on his appearance before the Judicial Magistrate, Ambasamudhram, Tirunelveli District, on 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 Judicial Magistrate, Ambasamudhram, and on further condition that the petitioner should appear before the respondent police daily at 10.30 a.m. for a period of two weeks. The petitioner shall comply with the condition stipulated under section 438 Cr.P.C., scrupulously. 7.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/- 28/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE, AMBASAMUDRAM, TIRUNELVELI DISTRICT. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3. THE INSPECTOR OF POLICE, VICKRAMASINGAPURAM POLICE STATION, TIRUNELVELI DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. S.PALANIVELAYUTHAM Advocate SR.No.41791 SR : 29.11.2011 : 2P/6C ORDER IN CRL OP(MD) No.15486 of 2011 Date :28/11/2011 https://hcservices.ecourts.gov.in/hcservices/