Ravichandran. R v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13773 of 2022 RAVICHANDRAN. R [ PETITIONER / ACCUSED ] Vs STATE OF TAMIL NADU [ RESPONDENT ] THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, TEAM-XVI, VEPERY, CHENNAI-600 007.

(CRIME NO.392/2015) For Petitioner : M/S.P.SHYAM ROTHITH, Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor, PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A5 who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 419, 420, 465, 467, 468, 471 & 120(b) of IPC in Crime No.392 of 2015, seeks anticipatory bail.

2. The case of the prosecution is that A1 created a fake power of attorney document and the petitioner stood as an attesting witness for the said power of attorney document. Ultimately, this document was used and the property was sold in favour of A3 and A4. Subsequently, A3 and A4 obtained loan by mortgaging the property. There are totally 6 accused persons in this case and the petitioner has been arrayed as A5.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

4. The only allegation that has been made against the petitioner is that he stood as attesting witness for the power of attorney document that was fabricated by the impersonator/A1. The

crime was registered in the year 2015 and the investigation is still pending.

5. Considering the above facts and circumstances, 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 Special Metropolitan Magistrate (Land Grabbing Court- II) (FAC), Egmore at Allikulam, 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, 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 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/- 20/06/2022 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 SPECIAL METROPOLITAN MAGISTRATE (LAND GRABBING COURT- II)(FAC), EGMORE AT ALLIKULAM, 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, TEAM-XVI, VEPERY, CHENNAI-600007.

+1 CC to M/S.D.R.LAW CHAMBERS Advocate on payment of necessary charges SR.NO.9746 CRL OP.13773/2022 Date :20/06/2022 TA-28/06/2022