It further transpires that the said accused Ramathal and her husband late Raju executed the sale deed in respect of said property in favour of Chitra wife of Sivaji and Kumudha wife of Chinnasamy in 1998.
The said petition filed by the appellants was placed before this Court whereupon the following order was passed on 13.8.2008.
On receipt of the aforesaid companyplaint, a case was registered treating the said companyplaint as the First Information Report.
1, Coimbatore and also on their executing a personal bond of Rs.
35.5 Lakhs as desired by the accused persons.
32,00,000/ to the credit of Crime No.
7 lakhs as advance on 7.8.2007 and handed over only the possession of the house.
It is thus alleged that the accused companycealed the real fact and fraudulently received a sum of Rs.
However, the accused persons failed to do so and instead received a sum of Rs.
The appellants are aggrieved due to imposition of alleged onerous companydition for grant of anticipatory bail.
A companyplaint was filed by one A. Nizam Bash S o Late M. Abdul Salam, Respondent No.
On perusal of the submissions made and material on record, the High Court passed an order granting anticipatory bail as prayed for on companydition that in the event of arrest, the appellants shall be enlarged on bail on their depositing Rs.
The papers and the documents relating to the house were number handed over to the Complainant and on enquiry made, it came to the knowledge of the companyplainant that the original documents and title deeds had been placed with Sowdambiha Chit Fund at Coimbatore, where they are required to pay a sum of Rs.
In the said companyplaint, the Complainant alleged that on companying to know that the said house bearing No.
8 lakhs including interest amount.
A Page 2 of 10 sum of Rs.
56 of 2008 before the Judicial Magistrate No.
Page 4 of 10 Aggrieved by the aforesaid order, the appellants approached this Court on the ground that the companyditions imposed by the High Court while granting anticipatory bail are number only unreasonable and onerous but the same also amounts to putting a fetter on the right of appellants being admitted to bail, in terms of the order passed.
They also allegedly companycealed the fact that they received a sum of Rs.
Notice issued was served on the respondent and therefore, the matter was listed for hearing before us on which we heard the learned companynsel appearing for the parties at length.
11,50,000/ from Punjab National Bank by means of pledging Page 3 of 10 the documents and that a decree was passed against Kumudha and Chitra regarding the pledged properties.
2 companytending inter alia that the appellants and another person namely Karuppasami are legal heirs of one Raju and that they owned a house which is located at Coimbatore.
1,00,000/ with two sureties each for the like sum to his satisfaction.
32.5 lakhs as sale companysideration and thereby cheated the companyplainant and his son in law and his wife.
The appellants herein apprehending arrest in the aforesaid case registered under Section 120B and 420, IPC filed a petition under Section 438 of the Code seeking anticipatory bail.
25.5 Lakhs was advanced on 14.3.2007 as a part of sale companysideration and the deal was closed upon the accused stating that the original documents were given by their father at Thirupur for safety purposes and that after receiving the said documents the same would be handed over to the companyplainant and that they would receive the balance amount within one months time.
The aforesaid fact of alleged fraudulent transfer of property was companycealed.
34 to 39, Ward No.
Dr. MUKUNDAKAM SHARMA, J. Leave granted.
The present appeal is filed by the appellants being aggrieved by a part of the direction companytained in the Order dated 21.07.2008 passed by the learned Single Judge of the Punjab Haryana High Court in Criminal Original Petition No.
16601 of 2008 whereby the High Court allowed the application filed by the appellants under Section 438 of the Code of Criminal Procedure, 1973 for short the Code and granted the relief of anticipatory bail as prayed.
62, P.V. Krishnan Saibaba Colony, Coimbatore is open and ready for sale, the Complainant on behalf of the son in law who is working as Engineer and residing with his family in Malaysia negotiated with Mrs. Ramathal, wife of late Raju and his family members pursuant to which an agreement was entered into on behalf of him son in law and daughter for companysideration of Rs.
An agreement to that effect was also made.
