K Mugunthaboopathy v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners/A2 & A3 seek anticipatory bail in Crime No.104 of 2024 registered by the respondent Police for the offences punishable under Sections 468, 479, 419 & 420 of IPC.

2. It is the case of the prosecution that the defacto complainant had executed documents in favour of her daughter with respect to a property. However, the first accused/son of the defacto complainant had prepared a forged lease deed and continued to be in possession of the said property. This Court had granted anticipatory bail to the first accused. These two petitioners had signed as witnesses in the said lease deed.

3. However, taking all the other factors into consideration this Court is inclined to grant anticipatory bail to the petitioner 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 from the date on which the order copy made ready, before the Judicial Magistrate No.II, Salem, on condition that the petitioner shall execute a separate bond 1/4

for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 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., for a period of two weeks and thereafter, as and when required for interrogation. [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.

[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 2/4

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.

13.02.2024 rjr 3/4

C.V.KARTHIKEYAN , J.

rjr 13.02.2024 4/4