K.Marimuthu v. State Rep. By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN K.Marimuthu S/O.KALIYAPERUPAL, Therku Street, Vadiynakuppam, Thirukoilur Taluk, Kallakurichi District Petitioner(s) Vs State Rep. By Inspector of Police, Thirukovilur Police Station, Kallakurichi District.
Crime No.357 Of 2023 Respondent(s) PRAYER To enlarge the petitioner on bail in the event of the arrest in connection with the Crime No.357 of 2023 on the file of respondent police. For Petitioner(s):
Mr. Balachandran T For Respondent(s):
Mr. S. Santhosh, Govt. Advocate
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 423, 465, 467, 468 of IPC r/w under Section 82-A of Registration Act, 1908 in Crime No.357 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner/A1 and A2 had executed a document making it appear that it was executed by the defacto complainant's husband by making use of similarity in the name and sold the property to A3 on 22.03.2020.
3. Learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court, and prayed for anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the petitioner has no previous case. He further submitted that A3 has already been granted anticipatory bail by this Court in Crl. O.P. No. 3463 of 2025 dated 17.02.2025.
5. Considering the fact that the alleged transaction took place in the year 2019-20; that the FIR was lodged in the year 2023; that there is a civil suit filed by A3 which is pending; the fact that the petitioner has no bad antecedents; that A3 has already been granted anticipatory bail, the case is borne out by records and since custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. 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 Judicial Magistrate, Thirukovilur, Kallakurichi District, 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 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 269 of B.N.S. 10-03-2025 AT Index:Yes/No Speaking/Non-speaking order Internet:Yes
SUNDER MOHAN, J.
AT To 1.State Rep. By Inspector Of Police, Thirukovilur Police Station, Kallakurichi District. Crime No.357 Of Crl. O.P. No. 6765 of 2025 10.03.2025