BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.10815 of 2011 K.MEENAKSHI ..PETITIONER/ACCUSED NO.2 Vs. THE STATE REP.BY THE SUB-INSPECTOR OF POLICE CITY CRIME BRANCH, MADURAI CITY, CRIME NO.67/2011 ..RESPONDENT/COMPLAINANT For Petitioner : M/S. T.VADIVELAN 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.2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 465,468,471,420 and 506(ii) IPC, in Crime No.67 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned Counsel for the petitioner submits that the petitioner is none other than the wife of the first accused and the case has been registered against the petitioner under Sections 465,468,471,420 and 506(ii) IPC. The petitioner and her husband are the owners of the property and they entered into a sale agreement with the de-facto complainant. The case of the prosecution is that the petitioner herein has not executed a sale deed even though they received Rs.13,00,000/-. He further submits that though they received Rs.1,000/- as advance and the alleged occurrence took place on 10.09.2007 and the case has been registered on 15.08.2011 and A1 was arrested and enlarged on bail on 30.08.2011 and the investigation is considerably over and it is purely a civil in nature and hence, the learned Counsel for the petitioner prays for anticipatory bail. 3. The learned Additional Public Prosecutor (Crl.Side) submits that the property is owned by one Somasundaram and A1 and A2 were https://hcservices.ecourts.gov.in/hcservices/ falsely fabricated the sale agreement with the de-facto complainant as they are the owners of the property and after receiving Rs.13,00,000/- they neither executed the sale deed nor repaid the amount and hence the complaint was given and on the basis of that, A1 was arrested and enlarged on bail and the investigation is in earlier stage and hence, he prays for dismissal of the petition. 4.Considering the rival submissions made on both sides, and as per the version of learned Additional Public Prosecutor, the property is owned by one Somasundaram. Admittedly A1 entered into a sale agreement with the de-facto complainant; A1 is the husband of the petitioner herein and he was already arrested and enlarged on bail and it is only a civil dispute. Since the case is based on the sale agreement, the case of the prosecution is that they neither executed the sale deed nor returned the money. Considering the same and since it is a civil dispute and even though the petitioner was not arrested, she 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 her arrest or on her appearance before the learned Judicial Magistrate Court No.I, Madurai and on her 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 Magistrate concerned and on further condition that the petitioner shall report before the learned Judicial Magistrate 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/- 06/09/2011 / 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 NO.I, MADURAI. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE SUB-INSPECTOR OF POLICE CITY CRIME BRANCH, MADURAI CITY. +1. CC to M/S. T.VADIVELAN Advocate SR.No.29988 akm/07.09.11 /2p-6c/ ORDER IN CRL OP(MD) No.10815 of 2011 Date :06/09/2011 https://hcservices.ecourts.gov.in/hcservices/