BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of May Two Thousand Eleven PRESENT The Hon`ble Mr.Justice R.S.RAMANATHAN CRL OP(MD) No.5742 of 2011 KALLAYIRAM ... PETITIONER/ACCUSED NO.6 Vs STATE REP.BY, THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, SIVAGANGAI, CRIME NO.10/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. N.ANANDAKUMAR Advocate For Respondent : MR.S.MUTHU VENKATESAN, Government Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 468, 471, 420 and 120-B of IPC., in Crime No.10 of 2011 on the file of the respondent police and hence seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that originally the property was owned by one Kezhavan Ambalam and he executed a will dated 28.05.43 bequeathing the property to Rakkammal and Karuppayee and under a Will, dated 21.09.63, Karuppayee bequeathed the property in favour of Muthukon and his wife and under a document, dated 14.07.2010, the wife of Muthukon and her children executed a registered sale deed in favour of one Krishnan and from Krishnan, the petitioner purchased the property under a registered sale deed. He would further submit that Krishnan was arrayed as A-5 and Azhakammal and her children were arrayed as A-1 to A-4. He would further submit that the petitioner is the bona fide purchaser and he has not committed any offence. 3. The learned Government Advocate (Crl. Side) would submit that the property was purchased by the de-facto complainant under a registered sale deed dated 12.02.2007 and the patta was also transferred in his name and when the encumbrance certificate was https://hcservices.ecourts.gov.in/hcservices/ obtained, it was found that the sale deed was created by A-1 to A-4 in the name of Krishnan. 4. Considering the fact that the petitioner was the subsequent purchaser and two parties are claiming rival claim to the title of the property, this Court is inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Manamadurai 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of four weeks. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 5. 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/- 11/05/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE MANAMADURAI 2 THE CHIEF JUDICIAL MAGISTATE SIVAGANGAI 3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, SIVAGANGAI 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. N.ANANDAKUMAR Advocate SR.No.16645 ssk/12.05.2011 /6c -2p/- ORDER IN CRL OP(MD) No.5742 of 2011 Date :11/05/2011 https://hcservices.ecourts.gov.in/hcservices/