BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Saturday, the Twenty Ninth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.9460 of 2011 MADHESWARAN ...PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP BY' THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH KARUR CRIME NO.18 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. V.MUTHUMANISIVAKUMAR Advocate For Respondent : Mr.K.S.DURAI PANDIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprhending arrest at the hands of the respondent police for offences under Sections 419, 465, 471, 474 IPC in Crime No.18 of 2011, the petitioners has come up with this petition seeking anticipatory bail. 2.According to the case of prosecution, the property comprised in S.No.1134/B of Monjanur Village, Aravakurichi Taluk, Chinnadarapuram Sub Registration District, Karur District belongs to one Palanisamy, namely, the de-facto complainant. But the first accused impersonated Mr.Palanisamy, claiming himself to be the owner of the property sold away the property to this accused in document No.1078/11. Now, the real owner, namely, Mr.Palanisamy, has gone with the present complaint, on which basis, the present case has been registered. 3.Today, the petitioner himself has filed an affidavit, wherein, in parageraph Nos.3 to 5, he has stated as follows: “3.I respectfully submit that I had purchased the land of one Palanichamy in Survey No.1134/B of Monjanur Village, Aravakurichi Taluk,. Chinnadarapuram Sub Registration District, Karur District, by registering properly before the Registrar Sub-Registrar Office, Chinnadarapuam under registered document No.1078/2011 by affixing photo. https://hcservices.ecourts.gov.in/hcservices/ 4.I respectfully submit that the land was purchased by me believing that the land belongs to the vendor of my purchase. But the original land owner was another Palanichamy, the vendor of the said property had cheated me. The original land owner lodged a complaint against the seller of the land and me and it is registered by the respondent police. 5.I respectfully submit that the matter was referred to mediation of this Hon'ble High Court and it is pending before the mediation centre and a compromise was made between me and the de-facto complainant/original land owenr. In these circumstancaes, it is prayed that this Hon'ble Court may be pleased to record my undertaking that I will not claim any right over the property or file any suit before any civil forum claiming right with regard to the said property and thus render justice”. 4.The learned counsel for the petitioner would submit that since the petitioner himself is a victim of cheating by impersonation by his vendor, the petitioner cannot be blamed for the above transaction. He would further submit that the petitioner has shown bonafide by filing the affidavit stating that he will not make any claim for title or for possession. The said submission is recorded. 5.In view of the above facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, however, with the condition that the petitioner shall not make any claim for title or for possession comprised in S.No.1134/B of Monjanur Village, Aravakurichi Taluk, Chinnadarapuram Sub Registration District, Karur District, as undertaken by him by filing affidavit before this Court. 6.Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate, Karur, on 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 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 petitioner shall report before the respondent polie as and when required for the purpose of interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. sd/- 29/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. https://hcservices.ecourts.gov.in/hcservices/ TO 1.THE JUDICIAL MAGISTRATE KARUR 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KARUR DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH KARUR KARUR DISTRICT COPY TO:- THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. V.MUTHUMANISIVAKUMAR Advocate SR.No.37193 rl/7c – 1.11.2011 ORDER IN CRL OP(MD) No.9460 of 2011 Date :29/10/2011 https://hcservices.ecourts.gov.in/hcservices/