BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fifth day of July Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.8350 of 2011 1 K.GURUSAMY 2 K.MARIAPPAN ..PETITIONERS/ACCUSED 1 & 2 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE SANKARANKOVIL TALUK POLICE STATION, TIRUNELVELI. CR NO. 28 OF 2011 ..RESPONDENT/COMPLAINANT For Petitioners : M/S.M.SELVARAJ 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 offence punishable under Sections 465, 467, 468 and 471 in Crime No.28 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the State. 3. The learned counsel for the petitioners would submit that the subject property is an ancestral property of the petitioners and their forefather purchased the same on 22.08.1917 and the first petitioner who is the father of the second petitioner has executed a settlement deed in favour of his son on 29.09.2009 and now the patta has been wrongly stands in the name of the de-facto complainant and hence the de-facto complainant has come forward with this complaint. He would further submit that the petitioners made an application before the Revenue Divisional Officer for change of patta and the said proceedings is pending before the Revenue Divisional Officer and the present complaint has been given by the de-facto complainant on 05.03.2011 and the investigation is considerably over and the petitioners apprehend arrest and hence, they have come forward with this application for anticipatory bail. 4.The learned Additional Public Prosecutor(Crl. Side) would submit that A-1 fabricated patta in his name and hence, a case has https://hcservices.ecourts.gov.in/hcservices/ been registered and the investigation is going on and hence, he prayed for dismissal of this application. 5.Considering the rival submissions made on both sides and also considering the fact that the property has been purchased by the forefathers of the petitioners on 22.08.1917 and the patta has been stands in the name of the de-facto complainant and A-1 executed a settlement deed in favour of A-2 on 29.09.2009 and thereafter, for change of patta they also filed a petition before the Revenue Divisional Officer and the same is pending and even though the complaint has been given on 05.03.2011, the petitioners were not arrested and even though the petitioners were arrested, neither they tampering the witness nor absconding from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Sankarankovil, Tirunelveli and on 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 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 petitioners 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/- 25/07/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL, TIRUNELVELI. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI, 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE SANKARANKOVIL TALUK POLICE STATION, TIRUNELVELI. +1. CC to M/S. M.SELVARAJ Advocate SR.No.24396 akm/25.07.11 /2p-6c/ ORDER IN CRL OP(MD) No.8350 of 2011 Date :25/07/2011 https://hcservices.ecourts.gov.in/hcservices/