BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice K.N. BASHA CRL OP(MD) No.15266 of 2011 1 SUBBAIAH 2 GOMATHI KUNJARAM 3 RAMASAMY ... PETITIONERS/ACCUSED NO.1 - 3 Vs STATE REP.BY, THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TIRUNELVELI DISTRICT, CRIME NO.30 OF 2010 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.BALAJI Advocate For Respondent : MR.C.RAMESH, Addl.Public Prosecutor(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offences under Sections 465, 468, 471, 420 and 506(ii) IPC in Crime No.30 of 2010 and seek anticipatory bail. 2. It is submitted by the learned counsel appearing for the petitioners that the petitioners have been arrayed as A-1 to A-3 and they have been implicated in this case on the allegation that the first petitioner already executed a power of attorney document in favour of one person. Again in respect of the same property, he executed a sale deed to some other person and thereby said to have committed the alleged offence. It is contended by the learned counsel appearing for the petitioners that the petitioners have been falsely implicated in this case. He further submitted that the petitioners were granted anticipatory bail by this Court by an earlier order dated 28.05.2010 in Crl.O.P(MD)No.6285 of 2010, but they were not able to execute sureties before the learned Magistrate concerned due to unavoidable reasons. 3. The learned Additional Public Prosecutor submitted that the petitioners have been granted anticipatory bail by this court by an order dated 28.05.2010 in Crl.O.P(MD)No.6285 of 2010. But, they have not executed sureties before the learned Magistrate concerned within the time and yet another application filed by the petitioners was dismissed by this Court in view of the earlier granting of the similar relief. He further submitted that the investigation is pending as on date and the petitioners have been implicated in this case on the allegation that the first petitioner already executed a https://hcservices.ecourts.gov.in/hcservices/ power of attorney document in favour of person. Again in respect of the same property, he executed a sale deed to some other person and thereby committed the offence. 4. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the State. 5. It is seen that the petitioners have been arrayed as A-1 to A-3 and they have been implicated in this case on the allegation, as stated above and they have been granted anticipatory bail by this Court by an order dated 28.15.2010 in Crl.O.P(MD)No.6285 of 2010 and they have not appeared before the police ofr before the learned Magistrate concerned. Considering the above facts and circumstances of the case, this Court is inclined to grant the relief of anticipatory bail to the petitioners. 6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.I, Tirunelveli, on each of them executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned or to the satisfaction of the respondent police or the police officer who intends to arrest and on further condition that the petitioners 1 and 3 shall appear before the respondent police for a period of six weeks daily at 5.30 p.m., and thereafter they shall be available for interrogation as and when required and the second petitioner being a lady, she shall be available for interrogation as and when required. Sd/- 19/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.I TIRUNELVELI 2 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TIRUNELVELI DISTRICT 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. S.BALAJI Advocate SR.No.44597 ssk/21.12.2011 /5c -2p/- ORDER IN CRL OP(MD) No.15266 of 2011 Date :19/12/2011 https://hcservices.ecourts.gov.in/hcservices/