BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11631 of 2011 K.PITCHAI : PETITIONER/ACCUSED - 4 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI RURAL. (CRIME NO.47 OF 2011) : RESPONDENT/COMPLAINANT For Petitioner : M/S. PREMRAJ AMBROSE 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 petitioner/accused No.4 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b),419,465,468,452,387 and 506(ii)I.P.C. in Crime No.47 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2. The learned Counsel for the petitioner would submit that the petitioner arrayed as A4 and he was working as Sub-Registrar in the Sub-Registrar Office, Othakadi. On a fateful day of 24.09.2007, the Sub-Registrar is on leave the petitioner was placed as in-charge of Sub-Registrar, on the day of 24.09.2007, somebody impersonate himself as a de-facto complainant executed the power of attorney in favour of A2 by discharging his official duty, the present petitioner/A4 registered the document and he is nothing to do with the commission of offence. Subsequently, on 04.10.2007, the property has been sold that has been done by the regular Sub-Registrar and the false case has been registered against the petitioner under Sections 120(b), 419,465,468,452,387 and 506(ii)I.P.C, hence, he prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor would submits that on the basis of complaint given by the de-facto complainant the case has been registered against the eleven persons. On 20.08.2011, the documents of the de-facto complainant was taken away by A1 which was questioned by the de-facto complainant, A1 has stated that he will return the document after the verification. A1 executed the power in favour of A2 after affixing the photograph of the de-facto complainant and signed by some other person. For which at the time the petitioner/A4 was Sub-Registrar, Othakadai and he was https://hcservices.ecourts.gov.in/hcservices/ assisted for execution of power of attorney. Thereafter, on the basis of power, A2 executed the sale deed in favour of A3 and other persons are assisting the same and the investigation is in earlier stage and hence he prays for dismissal of this application. 4. Considering the rival submissions made on both side, it is seen that admittedly, the property belongs to the de-facto complainant, A1 with the aid of somebody impersonate the power of attorney to A2 but at the time of registration A4 has registered the document while discharging his duties as Sub-Registrar. Furthermore, A3 and A4 were enlarged on bail and even though the petitioner was not arrested he neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.1, Madurai District, and on his 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 No.1, Madurai District, and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6. The petitioner 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/- 13/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.1 MADURAI DISTRICT. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI RURAL. +1 CC to M/S. PREMRAJ AMBROSE Advocate SR.No. ORDER IN CRL OP(MD) No.11631 of 2011 NSV/13.9.11/2P/6C Date :13/09/2011 https://hcservices.ecourts.gov.in/hcservices/