1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of September Two Thousand Eleven PRESENT The Hon`ble Ms. Justice R.MALA CRL OP(MD) No.13106 of 2011 D.SELVANAYAGAM ... PETITIONER / ACCUSED NO.1 Vs STATE REP. BY THE INSPECTOR OF POLICE CITY CRIME BRANCH, PALAYAMKOTTAI, TIRUNELVELI DISTRICTR CR.NO. 40/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. AR. JEYA RHUTHRAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor ( Crl. Side) 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 465, 467, 468, 471, 420, 120(b) and 506(i) of I.P.C., in Crime No.40 of 2011 on the file of the respondent police and hence seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that the petitioner was charged under Sections 465, 467, 468, 471, 420, 120(b) and 506(i) of I.P.C., stating that the property dispute is originally belonging to this defacto complainant and 11 others and they have executed a power of attorney on 01.09.2008 in favour of this petitioner and he has arrayed as A1. In turn A1 executed a registered sale deed on 09.09.2008 to A2. The defacto complainant and ten others have filed a suit in O.S.No.297 of 2009 on the file of the District Munsif Court, Tirunelveli for declaration that the sale deed in favour of A2 is to be declared as null and void. Considering the present scenario, this case has been registered against this petitioner and it is a civil in nature. A3 and A4 are the attestors of the document, now petitioners are apprehend for arrest, hence they come forward this application for anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit that the property owned to this defacto complainant and eleven others, A1 has fabricated the power of attorney as if it was executed by the defacto complainant. A1 executed a sale deed in favour of A2, A3 and A4, who are the attestors and the case has been registered only on 26.09.2011 and the investigation is in initial stage and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Considering the rival submissions made by both sides and also considering the fact that the property belongs to the defacto complainant and eleven others, the case of the petitioner is that the defacto complainant along with others are owners and they executed the power of attorney in favour of the petitioner on 01.09.2008 which is a registered power of attorney, in that photograph of the defacto complainant also affixed. In pursuance of that A1 sold the property in favour of A2, A3 and A4 are the attestors of the document, the defacto complainant and others filed a suit for declaration that sale deed in favour of A2 is null and void, that of civil suit is pending, neither he interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner, with certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.I, Tirunelveli and 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 Magistrate concerned and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6. 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/- 29/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI. 2. THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. 3. INSPECTOR OF POLICE CITY CRIME BRANCH, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. AR. JEYA RHUTHRAN Advocate SR. No.34185 ORDER IN CRL OP(MD) No.13106 of 2011 Date :29/09/2011 RJ/3.10.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/