BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10675 of 2011 SETHURAMAN @ MOOGAMBIGAI SETHURAMAN ..PETITIONER/ACCUSED NO.7 Vs. STATE REP.BY THE INSEPCTOR OF POLICE, DISTRICT CRIME BRANCH, LAND GRABBING CELL, MADURAI. CR.NO.42/2011 ..RESPONDENT/COMPLAINANT For Petitioner : M/S. S.THIRUPATHY 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.7 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 140,143,120(b),109,406,420,387 and 506(i) of I.P.C. in Crime No.42 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that on the basis of the complaint given by the de-facto complainant, a case has been registered in Crime No.42 of 2011 under Sections 140,143, 120(b),109,406,420,387 and 506(i) of I.P.C. He further submits that the case has been registered against 12 persons and except this petitioner others were enlarged on anticipatory bail and the allegation against the petitioner is that he threatened the de-facto complainant to execute the power of attorney in favour of A6 for execution of sale deed and he is nothing to do with the commission of offence and hence he prays for anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor would submit that the petitioner arrayed as A7 and participated in the Panchayat held at A4 office where the de-facto complainant was compelled to execute the power of attorney in favour of A6 for the value of Rs.50,00,000/- and the de-facto complainant executed the https://hcservices.ecourts.gov.in/hcservices/ power of attorney in favour of A6 who in turn sold the property to A9 who is none other than the relative of A1 and even though A6 agreed to pay Rs.50,00,000/- he has paid only Rs.40,00,000/- and the investigation is going on and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides, it could be seen that the property owned by the de-facto complainant and she created equitable mortgage over the said property to TIIC and since she wants to discharge the loan, she entered into a sale agreement in favour of A-11 and subsequently cancelled the same. Thereafter, she executed a power of attorney in favour of A6 on 05.04.2010 agree to receive Rs.50,00,000/- after settling the amount due to A-11-Nareshkumar. A6 executed the sale deed in favour of A9 on 24.09.2010, but the complaint was given on 14.07.2011 Except this petitioner all others were already enlarged on anticipatory bail and bails since it is a civil dispute and even though the petitioner was not arrested, he neither interfered with the investigation nor absconded from the jurisdiction, so 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, Madurai, and on executing a bond for a sum of 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, Madurai, and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6. The petitioners 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/- 29/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. https://hcservices.ecourts.gov.in/hcservices/ TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSEPCTOR OF POLICE DISTRICT CRIME BRANCH, LAND GRABBING CELL, MADURAI. +1. CC to M/S. S.THIRUPATHY Advocate SR.No.29460 akm/30.08.11 /2p-6c/ ORDER IN CRL OP(MD) No.10675 of 2011 Date :29/08/2011 https://hcservices.ecourts.gov.in/hcservices/