Nagarajan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.05.2021 CORAM :

THE HON'BLE MRS. JUSTICE S.KANNAMMAL Crl.O.P.No.8864 of 2021 Nagarajan ... Petitioner Vs.

State Rep. by ... Respondent The Inspector of Police, CCB II Police Station, Chennai District.

(Crime No.79 of 2020) PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of arrest in Crime No.79 of 2020 on the file of respondent police.

For Petitioner : Mr.P.Chandrasekar For Respondent : Mr. T. Shunmugarajeswaran Government Advocate

ORDER

(The case has been heard through video conference) The petitioner, who apprehends arrest for the alleged offences under Sections 419,465,467,468 and 109 of I.P.C, in Crime No.79 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that one Annadurai has purchased the property in the year 1996. A1 has impersonated himself as Annadurai and sold the property to his wife A7 and thereafter, A7 has sold the property to A8 and A9. So far as this petitioner is concerned, he was well known to the prime accused. Hence, he has been implicated as accused in this case, and a criminal case was registered against the petitioner.

3. The learned counsel appearing for petitioner would submit that the petitioner is well known to the prime accused, apart from that, there is no allegation of impersonation against the petitioner. He would submit that now the similarly placed accused have been arrested and released on bail. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate(Crl side) appearing for the respondent would submit that all the persons have joined together and A1 has impersonated himself as Annadurai and sold the property to A7, in turn, she has sold the property to A8 and A9. He would submit that some of the accused were granted bail by this Court. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the fact that the petitioner is well known to the prime accused and some of the accused was granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioner subject to the following 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 on which the order copy made ready, before the learned Judicial Magistrate No.II, Ponneri 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 this petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix his 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 229A IPC.

-sd/- 12/05/2021 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, PONNERI.

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

4 THE INSPECTOR OF POLICE CCB-II, POLICE STATION, CHENNAI DISTRICT.

CC to M/S.P.CHANDRASEKAR Advocate on payment of necessary charges CRL OP.8864/2021 Date :12/05/2021 TA-02/07/2021