Karuppasamy, M/47 Years, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1004 of 2017 1 KARUPPASAMY 2 D.AROCKIAM ... PETITIONERS/ACCUSED NO.2 & 3 Vs STATE THROUGH THE INSPECTOR OF POLICE, WEST POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.
CRIME NO.78 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.L.PRABHU Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 406 and 420 of IPC., in Crime No.78 of 2017, seek anticipatory bail.
2. The learned counsel appearing for the petitioners states that A1 in this case entered a registered sale agreement in favour of A3 on 16.06.2006 and since A1 failed to perform his contract, A3 filed a Suit in O.S.No.6 of 2007, before the Subordinate Court, Virudhunagar against A1 and it was decreed on 02.04.2007 for specific performance of the contract. Subsequently, A3 filed a petition in E.P.No.24 of 2009 for execution of the sale deed, as per the sale agreement and since A1 fails to execute the sale deed, as per the order of the Sub Court, Virudhunagar, the sale deed was executed by the Court itself in favour of A3 on 14.07.2010 and thereafter A3 had executed the power of attorney in favour of A2 in this case for the sale of the property. A1 had executed sale deed in favour of the defacto complainant on 14.06.2007 after the date of decree passed in favour of A3. Hence, A3 is a bonafide purchaser in respect of the property.
3. The learned Government Advocate (crl.side) appearing for the respondent states that there are totally three accused in this case and the petitioners herein are A2 and A3 respectively and A1 is still absconding. He would further submit that A1 is the owner of the property, who in turn sold it to the defacto complainant on 02.04.2007 for a valuable sale consideration. A3 has subsequently purchased the property and he has executed a power deed in favour of https://hcservices.ecourts.gov.in/hcservices/
A2 and all the accused in this case have created documents in respect of the property belonged to the defacto complainant and have cheated the defacto complainant. He would further submit that A2 is having 9 previous cases.
4. Considering the above facts and circumstances of the case and also the alleged sale deed executed in favour of the defacto complainant by A1, after decree passed in favour of A3 in this case, this Court is 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 arrest or on their appearance, before the learned Judicial Magistrate No.1, Virudhunagar, on condition that each petitioners shall execute 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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders, for interrogation. 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 15/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I,VIRUDHUNAGAR. 2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, WEST POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DIST. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.L.PRABHU Advocate SR.No.8493
ORDER
IN CRL OP(MD) No.1004 of 2017 Date :15/02/2017 CSL/CM-MSA/SAR-I/20.02.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/