Elangovan v. The Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners/A1 & A2 seek anticipatory bail in Crime No.3 of 2024 registered by the respondent Police for the offences punishable under Sections 419, 465, 467, 468, 471 and 420 of IPC.

2. It is stated that the second petitioner had informed to the defacto complainant about the sale of 634 sq.ft. of plot owned by the first petitioner for a total consideration of Rs.3,50,000/-, and that advance of Rs.2,30,000/- had been received. But, however later it had been found the title documents were forged and fake. It is under those circumstances, the complaint had been lodged. It is informed that during the pendency of F.I.R, a sum of Rs.1/- lakh had been repaid to the defacto complainant. Let other aspects be examined during the course of trial.

3. However, taking all the other factors into consideration this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days 1/4

from the date on which the order copy made ready, before the Judicial Magistrate No.II, Poonamallee, Chennai - 600 056, on condition that the petitioner shall execute a separate 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners 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.

[b] the petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners shall not abscond either during investigation or trial.

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[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 have 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

26.02.2024 rjr 3/4

C.V.KARTHIKEYAN , J.

rjr 26.02.2024 4/4