Gowri @ Gowrammal v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.5443 of 2021 1.Gowri @ Gowrammal ... Petitioners 2.Logeshwari 3.Bharathi 4.Dhurvasan 5.Ammasi Gounder Vs.

State Rep. by Inspector of Police, ... Respondent Krishnagiri Taluk Police Station, Krishnagiri District.

Crime No.834 of 2020.

Prayer:

Petition filed under Section 438 of Cr.P.C., seeking to enlarge the petitioner's on bail in the event of their arrest in Crime No.834 of 2020 pending investigation on the file of the respondent. For Petitioners : Mr.E.Kannadasan 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 under Sections 420, 468, 506(i) of I.P.C. in Cr.No.834 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant sold his ancestral property to one Gopi and when he tried to change the patta in favour of the said Gopi, he came to know that the petitioners have obtained patta for the said property in favour of them. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the dispute is purely a civil dispute and further submitted that the defacto complainant instead of approaching the civil forum for appropriate remedy has lodged the complaint which is un-sustainable one.

4.The learned Government Advocate (Criminal Side) submitted that investigation is still pending.

5.Considering the fact that the dispute is purely a civil dispute, 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 Judicial Magistrate No.II, Krishnagiri, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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. until further orders;

(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/- 17/06/2021 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 JUDICIAL MAGISTRATE, NO.II, KRISHNAGIRI.

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

4 THE INSPECTOR OF POLICE, KRISHNAGIRI TALUK POLICE STATION, KRISHNAGIRI DISTRICT.

CC to M/S.E.KANNADASAN Advocate on payment of necessary charges CRL OP.5443/2021 Date :17/06/2021 TA-16/07/2021