1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11531 of 2011 1.PALANISAMY 2.ARUMUGAM 3.P.VIJAYA 4.BALU ... PETITIONERS/ACCUSED 1 - 4 Vs STATE REP.BY ITS THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL, DINDIGUL DISTRICT, CR.NO.46 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. EDDY AND EMBBOSS 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 petitioners apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 465, 468, 471 and 406 I.P.C in Crime No.46 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them. He would further submit that A1 has entered into a sale agreement in respect of property owned by the de-facto complainant and the other co-owners, they executed a power of attorney in favour of Ahamed Sait and as he failed to execute a sale deed receiving the balance amount and he filed a suit for specific performance in O.S.No.295 of 2011 before the Subordinate Court, Dindigul and the same is pending, after receipt of the summons, he preferred a complaint on https://hcservices.ecourts.gov.in/hcservices/ 2 03.08.2011 and a case has been registered on 18.08.2011 and they apprehend for arrest and hence, he prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor (Crl.Side) would submit that the said Ahamed Sait is a power of attorney executed by the de-facto complainant and other co-owners. He would further submit that A1 entered into a sale agreement in respect of the property for two crores and sixty two thousands, but he paid advance of Rs.2 lakhs 20 thousand and he not paid the remaining amount and A2 & A4 threatened and forced the said Ahamed Sait to execute a sale deed and a complaint has also been given and the investigation is going and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides and also considering the fact that the de-facto complainant and other 8 persons are the co-owners of the property and Ahamed Sait also one of the co- owner, including the de-facto complainant and other co-owners executed the power of attorney in favour of Ahamed Sait and the said Ahamed Sait entered into a sale agreement with A3 on 25.07.2010 since he has not executed the sale deed, he filed a suit in O.S.No.295 of 2011 for specific performance which is pending, as per the version of the learned Additional Public Prosecutor (Crl.side), the sale price fixed is two crores and sixty two thousands, but he paid only advance amount of 2 lakhs 20 thousand, he failed to pay the remaining amount and A2 & A4 threatened him, admittedly a sale agreement is not disputed and it is purely civil dispute and the investigation is considerably over, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Dindigul and each of them 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 https://hcservices.ecourts.gov.in/hcservices/ 3 concerned and on further condition that the petitioners 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 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, the petition for anticipatory bail stands dismissed. sd/- 07/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.II, DINDIGUL 2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, DINDIGUL, DINDIGUL DISTRICT 4 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. EDDY AND EMBBOSS Advocate SR.No.30397 ORDER IN CRL OP(MD) No.11531 of 2011 Date :07/09/2011 TR : 13.09.2011: 3p/6c https://hcservices.ecourts.gov.in/hcservices/