BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11505 of 2011 DR.SENTHAMARAISELVI ..PETITIONER/ACCUSED NO.3 Vs. STATE REP.BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, DINDIGUL DISTRICT. CR.NO.47 OF 2011 ..RESPONDENT/COMPLAINANT For Petitioner : M/S. R.UDHAYAKUMAR Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.3 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,120(b),465,468,471,420 and 506(i) IPC, in Crime No.47 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned Counsel for the petitioner submits that the petitioner is a bona fide purchaser of the property and she purchased the property on 30.03.2007 from A1,A4 and A5 who inherited the property from Perumal Nayakar as an ancestral property and that one co-owner has filed a suit in O.S.No.485 of 2007 which is also pending and another suit in O.S.No.226 of 2007 for declaration, declaring that the sale deed in favour of A3 is null and void and both suits are pending before the Sub-Court, Palani and the case has been registered only because of present scenario and hence he prays for anticipatory bail. 3. The learned Additional Public Prosecutor (Crl.Side) submits that the de-facto complainant is the co-owner of the property and A1,A4 and A5 executed a sale deed in favour of A3. A3 is the petitioner herein A2 is the President of Sivagiripatti Panchayat and the case has been registered on 19.08.2011. A2 was arrested and remanded to judicial custody and the others were not arrested and the investigation is going on and hence, he prays for dismissal of the petition. 4.Considering the rival submissions made on both sides, it is clear that originally, the property is owned by Perumal Nayakar who is having two sons namely Subba Nayakar and Mallaya Nayakar and Mariyammal is the wife of Subba Nayakar who is A4 and having two sons and they executed a sale deed in favour of A3- the present petitioner and Subburaj/ the de-facto complainant the son of Mallaiya Naicker https://hcservices.ecourts.gov.in/hcservices/ and another filed O.S.No.485 of 2007 for partition suit which is pending and also filed another suit in O.S.No.226 of 2011 for declaration that the sale deed dated 30.03.2007 is null and void and both the suits are pending before the sub-Court, Palani and because of present scenario, the case has been registered on 19.08.2011. Since the dispute is between the co-owners and furthermore, the civil suits are pending from the year 2007, and even though the petitioner was not arrested, he neither 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 her arrest or on her appearance before the learned Judicial Magistrate Court No.II, Dindigul and on her 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 learned Judicial Magistrate No.1, Palani 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, anticipatory bail petition stands dismissed. sd/- 05/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.II, DINDIGUL. 2 THE JUDICIAL MAGISTRATE NO.1 PALANI. 3 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE DINDIGUL. 4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, DINDIGUL DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. R.UDHAYAKUMAR Advocate SR.No.29890 akm/07.09.11 /2p-7c/ ORDER IN CRL OP(MD) No.11505 of 2011 Date :05/09/2011 https://hcservices.ecourts.gov.in/hcservices/