1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11767 of 2011 S.KARUPPIAH ... PETITIONER/ACCUSED No.12 Vs THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH VIRUDHUNAGAR DISTRICT CR.NO.41/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. G. MARIAPPAN 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 No.12 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 465,468,471 and 420 IPC, in Crime No.41 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned Counsel for the petitioner would submit that the case has been registered against A1 to A12 and this petitioner is arrayed as A12 and he is the Joint Sub-Registrar. A1 and A2 who are alleged to be a grand sons of one Jeyaraj Naicker and Nammalavar Naicker, are the real owner of the property. In respect of some of the property, they executed the power of attorney in favour of A3 on 15.06.201 and that has been registered by the petitioner herein. In turn, A3 to A9 executed the sale deed in favour of the de-facto complainant on 02.07.2010 and as a Joint Sub-Registrar, this petitioner discharged the duty and registered the same. After the purchase, the de-facto complainant has gone to the place of property and came to know that A1 and A2 are not the real owners of the property and they are not the descendents of the original owner property. Hence, the de-facto complainant preferred a complaint. A10 is a land broker; A11 is document writer. He would https://hcservices.ecourts.gov.in/hcservices/ 2 further submit that A1 to A9 were arrested and remanded to judicial custody. A11 filed an application for anticipatory bail and is pending before the District and Sessions Judge, Virudhunagar. A12 is only the Joint Sub-Registrar who registered the document while he was discharging his official duty and he is nothing to do with the commission of offence and now the petitioner is apprehending arrest and hence, he prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor (Crl.Side) submits that A12 is the Sub-Registrar who has registered the document executed by A1 and A2 who are not the real owners of the property. He also registered the sale deed dated 02.07.2010 executed by A3 to A9 and he has assisted for execution and the investigation is at initial stage and hence, he prays for dismissal of the petition. 4. Considering the rival submissions made by both sides, it is seen that the petitioner herein arrayed as A12 and he is the Sub-Registrar who registered the document executed by A1 and A2 in favour of A3 and sale deed executed by A3 to A9 in favour of the de-facto complainant. The sub-registrar is not a competent person to verify as to who is the real owner of the property, but it is not a case of the prosecution is that the petitioner impersonated the sale deed to some other document. 5.Considering the same, the petitioner while discharging his official duty, he registered the document and the investigation is considerably over and even though the petitioner was not arrested, he neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 6.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.II, Virudhunagar 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 Judicial Magistrate concerned and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall https://hcservices.ecourts.gov.in/hcservices/ 3 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/- 16/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.II,VIRUDHUNAGAR. 2 THE CHIEF JUDICIAL MAGISTRATE,VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3 THE INSPECTOR OF POLICE,DISTRICT CRIME BRANCH,VIRUDHUNAGAR DISTRICT. 4 THE PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. G. MARIAPPAN Advocate SR.No.31796 ORDER IN CRL OP(MD) No.11767 of 2011 Date :16/09/2011 PA/19.09.2011/3P/6C https://hcservices.ecourts.gov.in/hcservices/