Akbar Sheriff v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.4425 of 2021

1. Akbar Sheriff ... Petitioners

2. Abul Rafeeq

3. Veerasamy

4. K.Bhavya Vs.

The State Rep.by ... Respondent Sub - Inspector of Police, Walajapet Police Station, Ranipet District.

(Crime No.46 of 2021) PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C prayed to enlarge the petitioners 1 to 4 on bail in the event of arrest and grant anticipatory bail to the petitioners in Crime No.46 of 2021 pending on the file of the respondent police. For Petitioner : Mr.T.P.Prabakaran For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 427, 468, 471 and 420 of IPC in Crime No.46 of 2021 seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the sister of one G.Ramesh and he has given Power of Attorney to her to govern his property. The defacto complainant's brother had purchased 93 cents of lands comprised in Survey Nos.774/3C1, 774/3C2, 774/3C3 and 774/3C4 of Vannivedu Village from one Suguna, Dilli Babu, Rani and Shanthi by a registered sale deed vide Document No.3014/2015. The petitioners have forcibly entered into the alleged land and also stolen Rs.4 lakhs worth of construction materials. The District Registrar verified the documents of both parties and on 29.09.2020 passed an order in the favour of the defacto complainant's brother . Thereafter, the defacto complainant has filed the present complaint against the petitioners herein.

3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that the issue involved in the complainant given by the defacto complainant is purely civil in nature and is already seized of by the Courts, viz., Additional District and Sessions Court, Ranipet in O.S.No.83 of 2019 and District Munsif Court, Walajapet in O.S.No.60 of 2020. The vendor/defacto complainant's brother viz., Ramesh did not have any title over the above mentioned properties and they have fraudulently created a sale deed and mutated the patta and revenue records. The 4th petitioner herein along with his brothers and sisters alone are having valid title in respect of the above suit property. The 2nd petitioner is a purchaser of the above mentioned property . Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) submits that due to civil dispute between the petitioners and the defacto complainant's brother, two civil suits are pending before the competent courts.

5.Considering the facts and circumstances of the case and that the matter being purely civil in nature for which two civil suits are pending before the competent courts, this Court is inclined to grant anticipatory bail to the petitioners.

6.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 of receipt of a copy of this order, before the learned District Munsif-Cum-Judicial Magistrate, Ranipet on condition that each of the petitioners shall execute a bond for a sum of Rs.10,000/- each (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 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 Court concerned 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 daily 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 petitioner 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 23/06/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, RANIPET.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUB-INSPECTOR OF POLICE, WALAJAPET POLICE STATION, RANIPET DISTRICT.

+1 CC to M/S.T.P.PRABAKARAN Advocate on payment of necessary charges SR.NO.6810 CRL OP.4425/2021 Date :23/06/2021 TA-12/07/2021