Thiagu@ Thiyagarajan v. Inspector Of Police
Crl.O.P.No.8358 of 2023 K.KUMARESH BABU, J.
The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 465, 468, 471, 420 read with Section 34 of IPC in Crime No.180 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that the de facto complainant had purchased a land to an extent of 1303 sq.ft., in Survey No.42/3B3B situated at Plot No.98, Avadi Pammadhukulam Village, Indira Nagar Layout from the accused person for a tune of Rs.5,00,000/-. The petitioner (A4), who is running browsing centre, had typed the sale deed for the aforesaid land, whereby, he had wrongly mentioned as Survey No.42/3B3B instead of Survey No.42/2B3B. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that when the respondent police called the petitioner for enquiry with regard to the said allegation, he appeared and explained the fact that the said mistake had been crept in the sale deed due to typographical error
and he has no intention to type the wrong survey number. Further, he would submit that the petitioner undertakes to co-operate with the investigation. Therefore, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal side) would submit that the petitioner had colluded with the other accused and typed the wrong survey number. He would further submit that no land exist in the survey number, which was wrongly typed by the petitioner. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.
5. Considering the fact that the petitioner had drafted the sale deed as per the details provided by the parties, 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 on which the order copy made ready, before the learned
Judicial Magistrate No.II, Ponneri on condition that the petitioner shall execute a separate 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, the petition for anticipatory bail shall stand dismissed and 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.
K.KUMARESH BABU, J.
nsa/gsk [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 abscond, a fresh FIR can be registered under Section 229A IPC.
18.05.2023 nsa/gsk Crl.O.P.No.8358 of 2023