M. Pradeep Kumar v. State Rep. By Inspector Of Police

RMT.TEEKAA RAMAN,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 465, 468, 471 & 420 IPC, in Crime No. 19 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused had involved in the act of cheating by creating forged documents and encumbrance a part of the vacant plot. Hence, the complaint.

3. Mr.R.C.Paul Kanagaraj, learned Senior Counsel for the petitioner would contend that as directed by this Court, the alleged subject matter of the two Settlement Deed Nos.7269 of 2018 and 9463 of 2018 have been cancelled by way of cancellation of Settlement Deeds on 29.08.2023 in Doc.No.13088 of 2023 and Doc.No.13089 of 2023 before the SRO, Redhills, without prejudice to their rights and contentions. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) for the

respondent police would submit that the petitioner along with other accused have created forged documents and involved in cheating of a portion of the vacant land. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Heard the learned Senior Counsel for the petitioner, the learned Government Advocate (Crl. Side) for the respondent and perused the materials placed on record.

6. Taking into consideration the facts and circumstances of the case and considering the submission made by the learned counsel for the petitioner that the alleged settlement deeds have been cancelled by way of cancellation of Settlement Deed, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions:

7. 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 Special

Court of Land Grabbing, Tiruvallur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 on 1st working day of every month at 10.30 a.m., until further orders. [c] the petitioner should not entertain any document transaction with respect to the petition property and co-operate for the investigation. [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 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];

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

19.09.2023 ata RMT.TEEKAA RAMAN,J.

ata 19.09.2023