BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12542 of 2011 1 P.ARUN 2 T.ESSAKIAPPAN ... PETITIONERS / ACCUSED 4 AND 2 Vs STATE REP BY:: THE INSPECTOR OF POLICE NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT. ( IN CRIME NO.NOT KNOWN OF 2011 ) ... RESPONDENT / COMPLAINANT For Petitioner : M/S. D.S.MUTHU SANTHAN 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/Accused Nos. 4 and 2 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 420 IPC in Crime No. Not known 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 petitioners are arrayed as A2 and A3 in Crime No.295 of 2011 registered under Sections 418,465,468,471 and 420 IPC. He further submits that the property originally belongs to one Subbiah and one Sudalaikannu purchased the property. The second accused who is the third petitioner and the de-facto complainant jointly purchased the property then mutation of revenue records were made and from the month of May 1993 they are maintaining the property. In May 2011, the de-facto complainant and the second accused wants to dispose of the property, at the time they came to know that the original owner of the property namely Subbiah sold the property. But A2 is a bona fide purchaser and he is nothing to do with the commission of offence. 3.Refuting the same, the learned Additional Public Prosecutor would submit that A1 created the forgery sale deed as if executed by Subbiah. A4 is namely P.Arun and A1 Sudalaikannu have fabricated the document as if he is the owner of the property and he is a grandson of Subbiah. Subbiah has sold the property in favour of M/s.Kalaimagal Sabha and the said Sudalaikannu created the sale deed, A4 assist to create the documents and the investigation is an initial stage and hence he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the rival submissions made on both side, it is seen that admittedly the property owned by Subbiah who is the grandfather of Sudalaikannu. Admittedly, the original owner of the property namely Subbiah sold the property to M/s.Kalaimagal Sabha and after that A1 has fabricated the document and sold the same to the de-facto complainant as if he is the owner of the property and he is a grand son of Subbiah. The property has been purchased in the name of A2 and de-facto complainant, since the de-facto complainant wants to dispose the property then only he came to know that the property was already sold by the true owner namely Subbiah. The second petitioner is a bona fide purchaser from the Subdalaikannu. Furthermore, A4 filed a suit which is pending before the learned District Munsif, Nanguneri in O.S.No.93 of 2011 since it is a civil dispute and even though the case has been pending for long time they neither interfered with the investigation nor absconded from the jurisdiction, 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 their arrest or on their appearance before the learned Judicial Magistrate, Nanguneri, Tirunelveli District, 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 Judicial Magistrate, Nanguneri, Tirunelveli District, 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, anticipatory bail petition stands dismissed. sd/- 21/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI, NELLAI DISTRICT 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT. 1CC to M/S. D.S.MUTHU SANTHAN Advocate SR.No.32364: DM::2011:SEPTEMBER:23:: ORDER IN CRL OP(MD) No.12542 of 2011 Date :21/09/2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/