Manivel v. The Inspector Of Police Kachirapalayam Police Station, Kallakurichi District
Crl.O.P.No.8653 of 2023 S.SOUNTHAR, J.
The petitioner who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420, 465, 467, 468, 471 of IPC in Crime No.335 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner's father manipulated the death and legal heir certificate as if he is the only legal heir and had executed a settlement deed in favour of the petitioner in Document No. 2158 of 2022. However, it is the case of the prosecution that the petitioner's father is not a sole legal heir, there are three other legal heirs. Hence, this complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in the case. He would further submit that the first and third accused had been released on bail and anticipatory bail respectively. Hence, he prays to grant anticipatory bail to the petitioner/A2.
4. The learned Government Advocate (Crl.Side) raised formal objection and opposed to grant anticipatory bail to the petitioner.
5. Having regard to the allegations made against the petitioner and also of the fact that the main accused namely the first accused had already been released on bail, 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 their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate I, Kallakurichi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 daily at 10.30 a.m. for a period of two weeks and thereafter 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 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].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
05.05.2023 dhk/kan
S.SOUNTHAR, J.
dhk/kan Crl.O.P.No.8653 of 2023 05.05.2023