1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11691 of 2011 1 PURUSHOTHAMAN 2 ELANGOVAN 3 CHELLADURAI ... PETITIONERS Vs THE STATE REP.BY THE INSPECTOR OF POLICE PULIVALAM POLICE STATION TRICHY (CR.NO.120/2011) ... RESPONDENT For Petitioner : M/S. S.MUTHUKRISHNAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners were arrested and remanded to judicial custody on 11.08.2011 for the alleged offences punishable under Sections 465,467, 468, 419, 420 and 120(b) I.P.C., in Crime No.120 of 2011 on the file of the respondent police and hence, seek bail. 2. The learned counsel for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them. He would further submit that the property is originally belonged to one Ammasi, who left India and settled at Srilanka 70 years before and hence, Ammasi brother's son viz., Chelladurai has executed a sale deed in favour of A1 and A2 and now the Village Panchayat president has created one power of attorney deed stating that the legal heir of Ammasi executed a power of attorney deed in favour of the de-facto complainant and on that basis only, a case has been registered against them. He would further submit that the petitioners were arrested on 11.08.2011 and the investigation is considerably over and hence, he prays for enlargement bail. 3. Refuting the same, the learned Additional Public Prosecutor (Crl.Side) would submit that originally the property is belonged to one Ammasi, who left India and settled at Srilanka and the legal heirs of Ammasi executed a power of attorney in favour of the de-facto https://hcservices.ecourts.gov.in/hcservices/ 2 complainant, on that basis only, a case has been registered on 11.08.2011. He would further submit that A1 impersonating as heir of Ammasi and executed a power of attorney in favour of A2 and A3 and the investigation is in initial stage and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that originally the property is belonged to one Ammasi, who left India and settled at Srilanka and the case of the petitioner is that Chelladurai/A3, brother's son of Ammasi has executed a sale deed in favour of A1 and A2 but the learned Additional Public Prosecutor would submit that the heir of Ammasi has executed a power of attorney in favour of the de-facto complainant and on that basis only, a complaint was given and the sale deed is dated 24.06.2010 and the complaint has been given on 11.08.2011 and on that date itself, they were arrested and admittedly, there is no custodial interrogation even though they were in judicial custody for more than 30 days since the matter is a civil dispute, I am inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail and each of them execute 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, Thuraiyur and on further condition that the petitioners shall appear before the Court concerned daily at 10.30 a.m. until further orders. sd/- 06/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE,THURAIYUR. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,TRICHY. 3 THE SUPERINTENDENT,CENTRAL PRISON,TRICHY. 4 THE INSPECTOR OF POLICE,PULIVALAM POLICE STATION,TRICHY. 5 THE PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. S.MUTHUKRISHNAN Advocate SR.No.29989 ORDER IN CRL OP(MD) No.11691 of 2011 PA/06.09.2011/2P/7C Date :06/09/2011 https://hcservices.ecourts.gov.in/hcservices/