Palanisamy v. The State Rep By Its,

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.4577 of 2022 PALANISAMY [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, PERUNDURAI POLICE STATION, PERUNDURAI, ERODE DISTRICT.

CR.NO.120 OF 2020.

For Petitioner : M/S P.SARAVANA SOWMIYAN Advocate For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who apprehend arrest for the alleged offences punishable under Sections 467, 468, 471 & 420 of IPC in Crime No.120 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The petitioner herein who is arrayed as 4th accused in a case where the complaint has been lodged in preparing fake arbitration award. The petitioner states that he is a stamp vendor and he has no role in the alleged crime of preparing fake arbitration award. He has been arrayed as one of the accused for the simple reason that the stamp papers sold in the year 2013 were used for preparing the award dated 04.03.2011. He being a 87 years old bed ridden person seeks Anticipatory Bail.

3. Considering the allegations made against the petitioner and his role in the said crime, this Court is inclined to grant anticipatory bail to the petitioner.

4. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate, Perundurai, Erode District, on condition

that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioner 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 petitioner shall not tamper with evidence or witness either during investigation or trial; (c)the petitioner shall report before the Investigating Officer as and when required and shall cooperate for investigation. (d)the petitioner 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 petitioner in accordance with law as if the conditions has been imposed and the petitioner 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, PERUNDURAI, ERODE DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE ERODE(FOR INFORMATION)

3 THE INSPECTOR OF POLICE, PERUNDURAI POLICE STATION, PERUNDURAI ERODE, DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S P.SARAVANA SOWMIYAN Advocate on payment of necessary charges SR.3351 CRL OP.4577/2022 Date :02/03/2022 RVR 07/03/2022