1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.13068 of 2011 ARUL SELVI ... PETITIONER/ACCUSED NO.2 Vs STATE REP.BY ITS THE SUB INSPECTOR OF POLICE SEDAPATTI POLICE STATION, MADURAI DISTRICT CR NO. 179/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. EDDY & EMBBOSS Advocate For Respondent : MR. K.S. DURAI PANDIAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest, the petitioner, in Crime NO.179 of 2011 on the file of the respondent police for the alleged offences punishable under Sections 465, 471 and 420 of the Indian Penal Code, has come forward with this petition seeking for anticipatory bail. 2.According to the case of the prosecution, one Sankar Reddy and Subba Reddy are brothers. They had owned a joint family property, but there was no partition. The petitioner is the daughter of Sankar Reddy. She has executed a power of attorney in respect of half of the said property in favour of the first accused and the first accused in turn has sold away the same to the third parties. Thus, the petitioner has committed the offences mentioned in the first paragraph of this order. 3.The learned counsel for the petitioner would submit that she, being the daughter of one of the sharer, has got every right and title to sell the property, because of the same, she has executed a power of attorney in favour of the first accused. https://hcservices.ecourts.gov.in/hcservices/ 2 4.The learned Additional Public Prosecutor would submit that even before his demise, Sankar Reddy executed a dhana settlement deed in favour of his own sister and therefore, the petitioner has no power to sell the property. Hence, he prays for dismissal of this petition. 5.In my considered view, it is only a civil dispute and the same is to be resolved by the civil Court. Whether the dhana settlement is true and the same was acted upon and whether the petitioner has got title or not, are all the matters to be decided by the Civil Court. In such view of the matter, I am inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on her appearance before the learned Judicial Magistrate, Arupukkottai, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. sd/- 12/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE SUB INSPECTOR OF POLICE, SEDAPATTI POLICE STATION, MADURAI DISTRICT 4 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. EDDY & EMBBOSS Advocate SR.No.35296 ORDER IN CRL OP(MD) No.13068 of 2011 Date :12/10/2011 TR :14.10.2011: 2p/6c https://hcservices.ecourts.gov.in/hcservices/