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.12108 of 2011 1 RAMALAKSHMI 2 PETER ...PETITIONERS/ACCUSED 4&5 Vs STATE REP BY THE SUB-INSPECTOR OF POLICE SEMBAVAR VADAKARAI POLICE STATION, TENKASI TALUK, TIRUNELVELI DISTRICT, CRIME NO.146/2011 ...RESPONDENT/COMPLAINANT For Petitioner : M/S. D.SRINIVASA RAGAVAN 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 offfence punishable under Sections 420 and 465 of I.P.C., in Crime No.146 of 2011 on the file of the respondent police and hence seek anticipatory bail. 2.The learned counsel for the petitioners would submit that a case has been registered against A1 to A5 on 18.08.2011 under Sections 420 and 465 of I.P.C. and the petitioners are arrayed as A4 and A5. He further submits that A1 is the son of the defacto complainant , A2 is the wife of A1, A3 is the son of A1 and A2 and A4 is the power of attorney of A3. He further submits that the disputed property is belonging to one Kulasumuthammal, who is none other than the sister of the defacto complainant and on 31.08.2005, she has executed the settlement deed in favour of A3, in which the defacto complainant is one of the attester. He further submits that from the date of execution of the settlement deed, A3 was in possession and enjoyment of the property and he has executed the power of attorney in favour of A4 and A5 is not connected with the offence. He further submits that the petitioners are innocents persons and they have been falsely implicated in this case and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor would submit that the defacto complainant has given a complainant stating that A1, to A3 has created a forged settlement deed as if, Kulasumuthammal has executed the settlement deed in favour of him and hence, a case has been registered against five persons. He further submits that the investigation is going on and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the rival submissions made by both sides and on perusal of the records, it is seen that the property is originally belonging to one Kulasumuthammal, who is none other than the sister of the defacto complainant and during her life time, on 31.08.2005, she executed the settlement deed in favour of A3, in which the defacto complainant is one of the attester. However, on 18.08.2011, he has given a complainant as if, A1 to A3 along with A4 and A5 has fabricated the settlement deed. 5.COnsidering the facts and circumstances of this case and also considering the document, I am of the view that primafacie, the ingredients of Sections 420 and 465 of I.P.C. are not made out, 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, Tenkasi 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 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, the petition for anticipatory bail 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, TENKASI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE SUB-INSPECTOR OF POLICE SEMBAVAR VADAKARAI POLICE STATION, TENKASI TALUK, TIRUNELVELI DISTRICT +1. CC to M/S. D.SRINIVASA RAGAVAN Advocate SR.No.31220 rl/6c – 1.2011 ORDER IN CRL OP(MD) No.12108 of 2011 Date :13/09/2011 https://hcservices.ecourts.gov.in/hcservices/