Murali (A2) v. State Rep. By

T.V.THAMILSELVI,J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 447, 294(b), 324, 427 and 506(ii) of IPC in Crime No.332 of 2023, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the owner of the lands and in order to sell the properties, he entered into an agreement of sale in favour of M/s.Grand Housing Private Limited for sale consideration of Rs.10,22,00,000/-. It is further alleged that the defacto complainant has earlier received a sum of Rs.2 crores as advance from the alleged purchaser. Hence, the complaint.

3. Learned counsel appearing for the petitioners submitted that this is the second bail application. Earlier, the anticipatory bail was granted to the petitioner on 09.10.2023 in Crl.OP.No.22998 of 2023 and the petitioners was

not able to comply with the conditions imposed by this Court, the same was automatically lapsed. He further submits that they are ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioners are villagers who have objected for sale and demanded commission. However, he vehemently opposed for the grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and the submissions made by both the counsels, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Thiruvallur, on condition that the petitioners shall execute a

bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), each, with two sureties and one surety must be a blood surety, 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 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 Court concerned 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 on every Sunday at 10.30 a.m., until further orders;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall not abscond either during investigation or trial;

[f] 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 has been imposed and the petitioner is 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;

T.V.THAMILSELVI, J.

drl [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

25.04.2024 drl