Preethi v. Inspector Of Police

C.V.KARTHIKEYAN, J.

The petitioner/second accused who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 463, 465, 466, 467, 468, 469, 471, 472, 473, 474, 420 of IPC in Crime No.583 of 2023, seeks anticipatory bail.

2. The first accused is the husband of the petitioner. He had been arrested. But, he had been granted bail owing to his physical condition.

3. It is the case of the prosecution that the accused had prepared a forged planning approval as if issued by the Cuddalore Corporation. On the basis of such approval, various persons had obtained loan from the bank. One of them, however came back to the Cuddalore Corporation seeking true copy of the planning approval and that time, it was found that the planning approval circulated by the accused was forged. It also had fake seal and signatures of the Government officials.

4. By way of reply, the learned counsel for the petitioner stated that the petitioner is wife of the first accused and does not know any aspect. But, the investigation had been stopped consequent to the first accused being released on bail. The issue involved is extremely serious, where the seal and signatures have also been forged.

5. The earlier application seeking anticipatory bail was dismissed on 12.02.2024 in Crl.O.P.No. 28989 of 2023. The investigation will have progressed to a further extent after that particular date.

6. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.II, Cuddalore, on condition that the petitioner shall execute a 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 petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[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 have 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].

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

15.03.2024 vsg

C.V.KARTHIKEYAN , J.

vsg

15.03.2024