Sunitha v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Eighth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8169 of 2022 1 SUNITHA [ PETITIONERS / ACCUSED ] 2 S.SURESH Vs THE INSPECTOR OF POLICE [ RESPONDENT ] CCB-I, CHENNAI DISTRICT ( CRIME NO. 66/2022) For Petitioner : M/S. M.ARUMUGAM Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) For Intervenor : MR.CHANAKYA, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420, 34 of IPC in Crime No. 66 of 2022 are before this Court seeking anticipatory bail.
2.The crux of the complaint given by the defacto complainant Thiyagarajan is that, the petitioners claiming themselves as owners of the disputed property, had entered into an agreement and received advance to the tune of Rs.60,00,000/-. However, the property is found to be owned by the trust and not by the petitioners as per the agreement entered between the parties.
3.The learned counsel appearing for the petitioners submitted that the property belongs to the father of the first petitioner and through him she got the property and the revenue records stand in her name. No doubt, they entered in to an agreement for sale with the defacto complainant in the year 2018 with a specific condition that
the defacto complainant should complete the sale within a period of 90 days from the date of execution of the agreement by paying sale consideration. But the defacto complainant failed to pay the sale consideration within the time stipulated in the agreement and hence, the agreement has become lapsed. Thereafter, legal notice was issued as intimation for termination of the sale agreement. 4.Considering the facts of the case, this Court is of the view that the dispute is primarily civil in nature and thereafter, is inclined to grant anticipatory bail to the petitioners. 5.
Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Special Court for CCB-CBCID, Egmore, Chennai and on condition that each of the petitioners shall execute a bond for a sum of Rs.
(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 Investigating Officer daily at 10.00 a.m., for a period of 30 days and thereafter as and when required for interrogation; and further, the petitioners shall submit all the documents necessary for the investigation before the Investigating Officer.
(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 petitioners 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/- 08/04/2022 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 SPECIAL COURT FOR CCB-CBCID, EGMORE, CHENNAI.
2 THE INSPECTOR OF POLICE CCB-I, CHENNAI DISTRICT.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S. M.ARUMUGAM Advocate on payment of necessary charges SR.No.5460 CRL OP.8169/2022 Date :08/04/2022 CSK 13/04/2022