Muthukumaran v. State Rep By

K.KUMARESH BABU, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 465, 466, 468, 471, 419, 420, 120 (B), 109, 472 and 473 of I.P.C., in Crime No.2 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner who is a power of attorney, has forged documents in respect of petition mentioned property and thereby committed fraud. Hence, the case. 3.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side).

4. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case.

5. The learned Government Advocate (Crl.side) would submit that 1/4

41A notice has been issued to the petitioner and the petitioner has appeared on one occasion.

6. In the circumstances, considering the fact that the investigation into the alleged criminal activities is all based on documentary evidence, this Court is inclined to grant anticipatory bail to the petitioner with certain 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 learned Judicial Magistrate No.II, Chengalpattu, 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.

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[b] the petitioner shall report before the respondent police as and when required till the filing of the final report;

[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;

09.05.2024 vum K.KUMARESH BABU, J.

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