Jawahar Anand v. The State Represented By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN Jawahar Anand S/o Anandaraj, W-376, 2nd Avenue, Anna Nagar West Extention, Chennai600101.
Petitioner(s) Vs The State represented by, The Inspector of Police, K-4, Anna Nagar Police Station, Chennai. Crime No.131/2025.
Respondent(s) PRAYER To enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No. 131/2025 dated 12.02.2025 on the file of the Inspector of Police, K-4, Anna Nagar Police Station, Chennai and thus render justice. For Petitioner(s):
Mr. Vinothkumar G For Respondent(s):
Mr. S. Santhosh, Government Advocate
ORDER
The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 316(2), 318(2) of BNS (406, 417 IPC) in Crime No.131 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that, A1 had entered into a lease agreement with defacto complainant and received a sum of Rs.23 lakhs towards the lease; that thereafter, the defacto complainant came to know that A1 had not paid the EMIs and the Bank had brought the property to auction; and that the petitioner who is the brother of A1 was also present when the defacto complainant had handed over the lease amount of Rs.23 lakhs to A1 and thus committed the aforesaid offence.
3. Learned counsel for the petitioner submitted that the allegations are false; that the petitioner is only the brother of the first accused and he has nothing do with the alleged transactions and in any case it is a money dispute
between the landlord and tenant and prayed for anticipatory bail to the petitioner.
4. Learned counsel for the defacto complainant, however opposed the grant of anticipatory bail stating the the petitioner was also present when the defacto complainant had handed over money to the first accused.
5. Learned Government Advocate (Crl. Side) appearing for the respondent Police reiterated the prosecution case and opposed to grant anticipatory bail to the petitioner.
6. Considering the nature of allegations against the petitioner, the fact that it is a dispute between landlord and tenant with regard to repayment of the lease amount and since the custodial interrogation of the petitioner is not required, 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 of receipt of copy of this order, before the learned Metropolitan Magistrate No.V, Egmore, on condition that the petitioner shall execute 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 said Magistrate, 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 as and when required for interrogation.
[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 269 of B.N.S. 06-03-2025 AT Index:Yes/No Speaking/Non-speaking order Internet:Yes
SUNDER MOHAN, J.
AT To 1.The State represented by, The Inspector of Police, K-4, Anna Nagar Police Station, Chennai. Crime No.131/2025.
Crl. O.P. No. 6380 of 2025