BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10523 of 2011 U.M.K. BASHA ... PETITIONER /SOLE ACCUSED Vs THE STATE REP. BY., THE INSPECTOR OF POLICE TALLAKULAM D-1 POLICE STATION, MADURAI DT, CR NO. 926/2011 ... RESPONDENT / COMPLAINANT For Petitioner : YASMIN BEGUM, Party in Person For Respondent : M/S. A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Today, the daughter of the petitioner has appeared before the Court and submits that her father was apprehending arrest for the offences under Sections 406 and 420 I.P.C. in Crime No.926 of 2011, but charge sheet has been filed and it was taken on file in C.C.No.398 of 2011. Even though he was enlarged on anticipatory bail, because of the de-facto complainant wants to settle the matter, he is not in a position to surrender before the Court and execute the sureties. Now, the petitioner is apprehend for arrest. Hence, he come forward with this application for anticipatory bail. 2. Mr.A.Ramar, learned Additional Public Prosecutor submits that the accused has executed the settlement deed in favour of de-facto complainant's wife and subsequently, the accused revoked the same and he collected the rent. Hence, the complaint has been given and the investigation is over and the charge sheet has been filed. Even though he was enlarged on anticipatory bail, he has not surrendered before the concerned Court and execute the sureties. Hence, he prayed for dismissal of this application. 3. Considering the rival submissions made by both sides that the property originally belonging to the accused and he executed the settlement deed in favour of elder daughter, who is none other than the wife of the de-facto complainant and subsequently, he revoked the same and collected the rent from the property, hence, the de-facto complainant was forced to gave a complaint, but admittedly after registration of the case, investigation has been completed and the https://hcservices.ecourts.gov.in/hcservices/ charge sheet has been filed and it was taken on file in C.C.No.398 of 2011, since the petitioner has already enlarged on anticipatory bail, he has not surrendered before the concerned Court and execute the sureties, so absconding charge sheet has been filed, I am not inclined to grant anticipatory bail to the petitioner. However, the petitioner is directed to surrender before the learned Judicial Magistrate No.II, Madurai and to file a petition for bail before the learned Judicial Magistrate No.II, Madurai and in the event of filing such an application, the learned Judicial Magistrate No.II, Madurai is directed to consider the bail application on the same day and pass orders on merits and in accordance with law. With the above direction, this Criminal Original Petition is disposed of. sd/- 30/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE TALLAKULAM D-1 POLICE STATION, MADURAI DT, ORDER IN CRL OP(MD) No.10523 of 2011 Date :30/08/2011 SMA/08.9.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/