Venkatesh Krishnan v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.13589 of 2022 Venkatesh Krishnan ..Petitioner/A7 Vs.
State rep by ..Respondent The Inspector of Police, Central Crime Branch-I, Team-1, EDF-1, Vepery, Chennai crime No.97 of 2022 PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in crime No.97 of 2022 pending investigation on the file of the respondent police. For Petitioner : M/s.S.Joel For Respondent : Mr.A.Damodaran, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 13.05.2020 for the offence punishable under Sections 468, 471, 420 of IPC r/w 120(B) and 109 of IPC in crime No.97 of 2022 on the file of the respondent police, seeks bail.
2. It is the case of the prosecution that one, Krishnan (late) purchased the subject property in the year 1979. A3 is his wife, A6 to 11 are sons and daughters and one, Palanimuthu is also a son. While being so, one of the son impersonated the said Palanimuthu and executed settlement deed in favour of A3, who in turn by way of mortgaging the property, obtained loan of Rs.2.60 crores. Hence, the case.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant bail to the petitioner.
4.The learned Additional Public Prosecutor appearing for the respondent police submitted that there are totally 11 accused, in which the petitioner is arrayed as A7, who is the son of A3 and A3 only created the forged settlement deed. He would further submit that A2, 3 & 4 are already arrested and other accused are absconding. Hence, he vehemently opposed to grant bail to the petitioner.
5. Considering the facts and circumstances of the case and also the period of incarceration by the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood related sureties, each for a like sum to the satisfaction of the learned CCB and CBCID Metropolitan Magistrate, Egmore, Chennai and on further conditions that:
[a] 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. and 05.30 p.m. until further orders. [c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness 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/- 13/06/2022 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 CCB AND CBCID METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH-I, TEAM-1, EDF-1, VEPERY, CHENNAI 5 THE OFFICER INCHARGE SUB JAIL, SAIDAPET.
+1 CC to M/S.S.JOEL Advocate on payment of necessary charges SR.NO.8935 CRL OP.13589/2022 Date :13/06/2022 TA-13/06/2022