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.11766 of 2011 1 PAULRAJ 2 MAHAR 3 MANGAIYARKARASI 4 PANDIAMMAL 5 KUMAR ... PETITIONERS/ACCUSED NO.1 TO 5 Vs STATE REP BY THE INSPECTOR OF POLICE KEERATHURAI POLICE STATION MADURAI CRIME NO.923 /2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.C.M. ARUMUGAM Advocate For Respondent :Mr.A.RAMAR,Govt. Advocate ( Crl. Side) 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 147, 148, 406, 454, 380, 294(b) and 506(i) I.P.C., in Crime No.923 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioners would submit that the defacto complainant has given a private complaint before the learned Judicial Magistrate No.IV, Trichy and the same was dismissed, subsequently, revision has been preferred by the defacto complainant and the same was allowed by this Court, thereafter , a case has been registered. He further submitted that in that complaint, the petitioners are shown as A1 to A5 and the facts of the case is that A1 is the onwer of the property and the defacto complainant is a tenant. He further submitted that A1 wants the property and therefore, he directed the defacto complainant, to vacate the premises and hence, the defacto complainant has filed a Suit in O.S.No.94 of 2010 for permanent injunction. He further submitted that in the meanwhile, on 17.03.2010, the property has been purchased by A3 along with her husband and A4 is the mother of A3 and A2 is the https://hcservices.ecourts.gov.in/hcservices/ sister of A3 and A5 is the relative of A3, now a false case has been given by the defacto complainant, in that complaint, it was specifically mentioned that she is not an eyewitness in the alleged occurrence, she left the place for six months to her personal work and when, she returned back on 01.07.2011, she came to know the incidents and therefore, she preferred a false complainant against the petitioners and hence, they have come forwarded with the present petition for anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor would submit that there is a landlord relationship between A1 and the defacto complainant and they have entered an agreement for a period of three years, on payment of Rs.50,000/- . He further submitted that after three years, the defacto complainant has paid another Rs.5,000/- totally Rs.55,000/- to the A1 and after the renewal of tenancy, she gone to Chennai for her personal work and on 01.07.2010, she returned back to Chennai and she found that his house was demolished and his house hold articles was taken away by the accused and the value of the articles is worth about Rs.1 lakh. He further submitted that A2, A4 and A5 have assisted the commission of offence and A3 has purchased the property from A1 and the investigation is going on and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides and perused the materials available on record. 5.Admittedly, the property is originally belonging to the first accused and the defacto complainant is a tenant. They have entered an agreement for a period of three years. The case of the petitioners are that when the first petitioner has demanded for vacate the premises, she filed a suit in O.S.No.94 of 2010 for permanent injunciton restraining the petitioners from interfering peaceful possession and enjoyment of the suit property and from the forcible eviction from the suit property except due process of law. Subsequently, the disputed property was sold to A3 and the accused 2,4 and 5 are relatives of A3 and the first accused was contesting the suit. Admittedly, the defacto complainant left a place for six months, when she returned back on 01.07.2010, she came to know that her house has been demolished and hence, she has given a complaint, however, the same has not been registered and therefore, she filed a petition under Section 156(3) Cr.P.C. before the learned Judicial Magistrate No.IV, Trichy , and the same was dismissed by the learned Judicial Magistrate stating that it is civil in nature against which, she preferred a revision before this Court and the same was allowed on 08.07.2011, thereafter, the case has been registered. 6.Considering the facts and circumstances of this case and also considering the fact that it is a civil matter and the investigation is considerably over, I am inclined to grant anticipatory bail to the petitioners, with certain conditions. 7.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before https://hcservices.ecourts.gov.in/hcservices/ the learned Judicial Magistrate No.IV, Madurai and on executing a separate 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 ocncerned daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scupulously. 8.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/- 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.IV MADURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE KEERATHURAI POLICE STATION MADURAI +1. CC to M/S.C.M. ARUMUGAM Advocate SR.No.31772 rl/6c – 20.9.2011 ORDER IN CRL OP(MD) No.11766 of 2011 Date :16/09/2011 https://hcservices.ecourts.gov.in/hcservices/