Jamberi v. State By, Inspector Of Police
CRL OP NO. 1533 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 1533 of 2025 JAMBERI S/o.Ramar, No.110/1, Thabhappan Kottai, Erranahalli, Palacode Taluk, Dharmapuri District. Petitioner(s) Vs State By, Inspector Of Police Palacode Police Station, Dharmapuri District. Crime No.169 Of 2019 Respondent(s) For Petitioner(s): Mr. M.R.Elavarasan For Respondent(s): Mr.S.Santhosh,,Government Advocate (criminal Side).
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 420 of the Indian Penal Code (I.P.C.,), 1860, in Crime No.169 of 2019, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner, along with the other accused sold the de-facto complainant's property by creating forged document. Hence, this case.
3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has no way connected with the offence as alleged by the prosecution. Further, he submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. Therefore, he prays that anticipatory bail be granted to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed the grant of anticipatory bail to the petitioner, stating that there are totally 8 accused in this case. Accused/A1 to A4 forged the defacto complainant's property documents and gave power of attorney to the accused/A4, who sold the property. The petitioner is A8, who is son of the accused/A1 and also a witness to the sale deed. Further, he submits that the investigation is ongoing.
5. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police and perused the materials available on record, this Court is inclined to grant
anticipatory bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Palacode, Dharmapuri District, on condition that the petitioner 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 said Magistrate, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[c] the petitioner shall report before the respondent Police daily at 10: 30 A.M., for a period of one week and thereafter, as and when required for interrogation;
[d] the petitioner shall not tamper with evidence or witness either during the investigation or during the trial;
[e] the petitioner shall not abscond either during the investigation or during the trial;
[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner was released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[g] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
24-01-2025 klt To
1. State By, Inspector Of Police Palacode Police Station, Dharmapuri District. Crime No.169 Of 2019
A.D. JAGADISH CHANDIRA, J.
klt CRL.OP. No. 1533 of 2025 24.01.2025