1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11703 of 2011 D.KOTHAISELVAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE DISTRICT CRIME BRANCH DINDIGUL DISTRICT CR.NO.10/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. B.SARAVANAN Advocate For Respondent : MR.A.RAMAR, Addl.Public Prosecutor ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 468,471,406 & 420 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 submits that the petitioner is a Managing Director of Maharishi Educational Trust; that the de-facto complainant is working under the petitioner herein and he is the owner of the property in dispute, that he executed a sale deed on 23.09.2005 and in pursuance of sale deed, mutation of revenue records have been made on 10.04.2011, he gave a complaint and on that basis only, the false case has been foisted against the petitioner and now the petitioners are apprehending for arrest hence, he prays for anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor (Crl.Side) submits that the de-facto complainant is a Car driver under the petitioner and he borrowed money on several dates altogether Rs.2,00,000/- and executed the sale deed in favour of the petitioner with a condition that as soon as he repay the amount, the petitioner should re-conveying the property in favour of the de-facto complainant. He further submitted that even though the de-facto complainant is ready to repay the amount which he borrowed, the petitioner is not willing to re-convey the property in favour of the de-facto complainant. Hence he preferred a complaint and the complaint has been registered only on 10.04.2011 and the investigation is in initial stage and hence he prays for dismissal of the petition. 4.Considering the rival submissions made on both sides, admittedly, the de-facto complainant is the owner of the property and he executed a sale deed in favour of the petitioner herein. Even though it is alleged there was a re-conveyance agreement on the date of execution of sale deed, but no document has been filed. Per contra, after the petitioner got the sale deed dated 23.09.2005 mutation of revenue https://hcservices.ecourts.gov.in/hcservices/ 2 records was made and the petitioner is in possession and enjoyment of the same. Since it is a civil dispute and the case has been registered on 10.04.2011, and even though the petitioner was not arrested, he neither interfered with the investigation nor absconded from the jurisdiction hence, 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 her appearance before the learned Judicial Magistrate No.I, Dindigul and on his 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 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, anticipatory bail petition stands dismissed. sd/- 06/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.I,DINDIGUL. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL. 3 THE SUB INSPECTOR OF POLICE, DISTRICT CRIME BRANCH,DINDIGUL DISTRICT. 4 THE PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. B.SARAVANAN Advocate SR.No.30165 ORDER IN CRL OP(MD) No.11703 of 2011 Date :06/09/2011 PA/08.09.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/