1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Thursday, the Third day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD)Nos.9291 & 10931 of 2011 1 PARAMASIVAM 2 MAHARAJAN :PETITIONERS / ACCUSED NO.2 & 3 IN CRL OP(MD)NO.9291/11 MURUGESAN :PETITIONER / ACCUSED NO.1 IN CRL OP(MD)NO.10931/11. -Vs- THE STATE REP. BY THE INSEPCTOR OF POLICE, DISTRICT CRIME BRANCH, THENI. CR.NO.42 OF 2011. :RESPONDENT / COMPLAINANT IN BOTH CRL OP'S. For Petitioner in both Crl.OP's: M/S. N.RANJITH Advocate For Respondent in both Crl.OP's: MR.K.S.DURAIPANDIAN, ADDL. PUBLIC PROSECUTOR PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C. ORDER:The Court Made the following order:- The petitioner in Crl.OP(MD)No.10931 of 2011 is the first accused and the petitioners in Crl.OP(MD)No.9291 of 2011 are accused Nos.2 and 3 in Crime No.42 of 2011 on the file of the respondent police for offence under sections 465, 468, 471, 419, 406, 420, 120(b) and 506(i) IPC. Apprehending arrest at the hands of the respondent police, the petitioners has come up with these two petitions seeking anticipatory bail. 2.According to the case of prosecution, the property in question comprised in Survey Nos.346/2 and 343 situated in Vadipatti Village, belongs to the de-facto complainant. But one Gandhimathi claimed herself to be the owner of the property, created a general power of attorney deed in favour of one Veerammal. The said Veerammal has sold away the property to one Paramasivam, who is the second accused in this case. The first accused was actually looking after the property on behalf of the de-facto complainant and he was in possession of all the documents relating to the said property. With these allegations, the present case has been registered. https://hcservices.ecourts.gov.in/hcservices/ 2 3.When this matter came up for hearing on earlier occasion, the learned counsel appearing for the petitioners submitted that the second accused executed a deed of sale in favour of the de- facto complainant thereby relinquishing the so-called title having been claimed on the basis of the documents in question. In order to verify the correctness of the documents,the learned Additional Public Prosecutor, was directed to get instructions from the police. 4.Today, the Sub-Inspector of Police attached to the office of the respondent police is present in Court. She would submit that on enquiry, they came to know that the matter has been settled and the petitioners have given up the so-called title having been claimed over the property. 5.The learned counsel appearing for the petitioners would submit that the petitioners have acted bonafidely and therefore, they are entitled for anticipatory bail. 6.I have considered the rival submissions. 7.In view of the developments made, I am inclined to grant anticipatory bail to the petitioners, but with conditions. 8.Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate, Theni, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall report before the respondent police every day at 10.30 a.m., for a period of four weeks, without fail. The petitioners shall comply with the condition stipulated under section 438 Cr.P.C scrupulously. sd/- 03/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO: 1.The Judicial Magistrate, Theni. 2.-Do- Thro' The Chief Judicial Magistrate, Theni. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police, District Crime Branch, Theni. +2. CC to M/S. N.RANJITH Advocate SR.Nos.38004 & 38005. RP/04.11.2011/2P/6C. ORDER IN CRL OP(MD) No.9291 of 2011 Date :03/11/2011. https://hcservices.ecourts.gov.in/hcservices/