Anbumani v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.03.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.5535 of 2022 Anbumani .. Petitioner Vs.
State rep. by The Inspector of Police, Central Crime Branch, Anti Land Grabbing Special Team-XV, Vepery, Chennai.
(Crime No.247 of 2017) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.247 of 2017 pending on the file of the Inspector of police, Central Crime Branch, Anti Land Grabbing Special-Team-XV, Vepery, Chennai. For Petitioner : M/s.K.Udayaselvi For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********
O R D E R
The petitioner, who was arrested for the offences punishable under Sections 419, 465, 467, 468, 471 read with 120(B) of IPC in Crime No.247 of 2017, on the file of the respondent police, seeks bail.
2. A case was registered in the year 2017 for the offences under sections 419, 465, 467, 468, 471 read with 120(B) of IPC. The petitioner was arrested on 17.12.2021.
3.Learned Additional Public Prosecutor appearing for the respondent after getting instruction from the Investigating Officer, states that the investigation not yet completed till date.
4.This Court is unable to understand as to why a case registered in the year 2017 could not be completed even after four years and after 80 days of arrest of this petitioner and whether any further detention of this petitioner in prison will help the investigation to proceed with the investigation and complete within ten days. 5.Taking note of the nature of the complaint and the period of imprisonment of the petitioner herein, bail is granted to the petitioner and he is ordered to be released on bail subject to the following conditions;
(a) The petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties, each for a like sum to the satisfaction of the learned Special Metropolitan Magistrate, Land Grabbing Court-II(FAC), Egmore at Allikulam, Chennai.
(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner is directed to appear before the Investigating Officer daily at 10.30 a.m. until further orders. (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e) on breach of any of the aforesaid conditions, the learned Judicial 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.
-sd/- 09/03/2022 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 SPECIAL METROPOLITAN MAGISTRATE, LAND GRABBING COURT-II(FAC), EGMORE AT ALLIKULAM, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL-I, CHENNAI.
4 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, ANTI LAND GRABBING SPECIAL TEAM XV, VEPERY, CHENNAI.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. R.VENKATESAN Advocate on payment of necessary charges SR.NO. 3656 ( 11/03/2022) CRL OP.5535/2022 Date :09/03/2022 RW 10/03/2022