Balaraman v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Second day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.2588 of 2022 1 BALARAMAN [ PETITIONERS / ACCUSED ] 2 GANESAN Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALGSC LAND GRABBING WING), DISTRICT CRIME BRANCH, VELLORE DISTRICT.

(CRIME NO.12/2021) For Petitioner : M/S M.DURAIMURUGAN Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) For Intervenor : M/S.SREELEKHA Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offences punishable under Sections 465, 466, 468, 471 & 420 of IPC in Crime No.12 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The petitioners herein who are arrayed as A1 and A4 in a case where the complaint has been lodged by the defacto complainant. Though the complaint against the petitioners carry colour of land grabbing, it appears that it is a civil dispute between the legal heirs of one Kandasamy regarding title.

3. Considering the allegations made against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

4. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate, Katpadi on condition that the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioners and the sureties shall affix his photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(c)the petitioners shall report before the Investigating Officer daily at 10.30 a.m., until further orders.

(d)the petitioners shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions has been imposed and the petitioners 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 02/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, KATPADI,VELLORE.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ALGSC (LAND GRABBING WING), DISTRICT CRIME BRANCH, VELLORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S M.DURAIMURUGAN Advocate on payment of necessary charges SR.No.3253 +1CC to M/S.D.RAJAGOPAL Advocate on payment of necessary charges SR.No.3271 CRL OP.2588/2022 Date :02/03/2022 CSK 07/03/2022