BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.10451 of 2011 SAJITHA JOSEPH @ SAJITHA ... PETITIONER/1st ACCUSED Vs THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DISTRICT, CRIME NO.43/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.J. JOHN JAYAKUMAR Advocate For Respondent : 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/Accused NO.1 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 120 (b), 467, 468, 471 and 420 IPC in Crime No.43 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2. The learned Counsel for the petitioner/A1 would submit that the petitioner when he was 20 years his father purchased the property from A2 and the de-facto complainant having right over the property by 1/5 share but he purchased the entire property on 17.08.1998. Now, the complaint has been given by A2's sister-in-law claiming that 1/5th share in the property and a case has been registered against the petitioner on 20.06.2011. Hence he prays for enlargement on anticipatory bail. 3. The learned Additional Public Prosecutor, submits that A1 purchased the property from A2 and the other shares and the de-facto complainant owned by 1/5 share that has been purchased by A1 from A2 so the complaint has been given and the investigation is going on. He further submits that the sale deed executed on 17.08.1988 and the investigation is going on hence, he prays for dismissal of petition. 4. Considering the rival submissions made on both sides, A1 purchased the property from A2 on 17.08.1988, now only the de-facto complainant claimed the right over the property of 1/5 share and gave a complaint on 20.06.2011 and even though the petitioner was not arrested, he has 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 his arrest or on his appearance before the learned Judicial Magistrate No.I, Nagercoil, 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 Judicial Magistrate NO.I, Nagercoil and on further condition that the petitioner shall report before the court concerned daily at 10.30 am., until further orders. The https://hcservices.ecourts.gov.in/hcservices/ 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/- 12/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL 2. THE CHIEF JUDICIAL MAGISTRATE, KANYAMUMARIA AT NAGERCOIL 3. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DISTRICT, 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.J. JOHN JAYAKUMAR Advocate SR.No.27621 GH : 17.08.2011 : 2p/6c ORDER IN CRL OP(MD) No.10451 of 2011 Date :12/08/2011 https://hcservices.ecourts.gov.in/hcservices/