BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12227 of 2011 T.ANANTHAVEL ... PETITIONER / ACCUSED Vs STATE REP BY:: THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL DIST IN CR.NO. 32/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. R.MATHIYALAGAN 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 petitioner/Accused No.6 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b),406,420,468,471,147,506(i) and 294(b) IPC in Crime No.32 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 petitioner is arrayed as A6 and he is the bona fide purchaser of the property and a false case has been registered against the petitioner and others under Sections 120(b),406,420,468,471,147,506(i) and 294(b) IPC. A complaint was given on 25.06.2011. The property belongs to A1 and A2 namely N.Soundirarajan and Chellakumar. The said Chellakumar is the husband of A3-Ponnuthai @ Ponnathal, who has executed the power of attorney in favour of A4 and A5. The said Cehllakumar died on 03.12.2010 and A4 and A5 executed the sale deed in favour of A7 and A8 on 07.12.2010. The power of attorney executed by Chellakumar has been revoked because of his death but without the authority, the sale deed was executed by A6 and A7. Now, the petitioner who is A6 purchased the property from A3 who is the wife of Chellakumar on 02.06.2011. Now, A6 also filed a suit before the Sub-Court, Palani. He would further submit that the other accused were enlarged on anticipatory bail. Hence, he prays for anticipatory bail. 3.The learned Additional Public Prosecutor would submit that A1 and A3 alone were enlarged on bail and the investigation is going on and hence, he prays for dismissal of this application. 4.Considering the rival submissions made on both side, it is seen that since the property belongs to A1 and A2 and husband of A3 they executed a power of attorney in favour of A4 and A5. The petitioner https://hcservices.ecourts.gov.in/hcservices/ A6 purchased the property from the A3 wife of the Chellakumar and the civil suit is pending and even though the petitioner was not arrested, she 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 her arrest or on her appearance before the learned Judicial Magistrate II, Dindigul and on her 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 II, Dindigul, 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 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/- 15/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, DINDIGUL 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL DIST 1. CC to M/S. R.MATHIYALAGAN Advocate SR.No.31606: DM::2011:SEPTEMBER:19:: ORDER IN CRL OP(MD) No.12227 of 2011 Date :15/09/2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/