Raju v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 11875 of 2025 Raju Petitioner(s) Vs The State Represented by, The Inspector of Police, CCB - Avadi Police Station, Avadi City, Chennai District.
(Crime No.22 of 2025) Respondent(s) For Petitioner(s) : Mr.A.G.Janarthanan For Respondent(s) : Mr.S.Balaji, Government Advocate (Criminal Side) PRAYER To enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent in Crime No.22 of 2025 on the file of the Respondent.
ORDER
The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 120B, 419, 420, 465, 467, 468 and 471 of IPC, in Crime No.22 of 2025, on the file of the respondent Police, seeks anticipatory bail.
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2. The case of the prosecution is that the defacto complainant acquired the property in the year 1996 by way of settlement deed; that later she came to know that on 09.02.2024, one Ramapriya (A3) impersonated the defacto complainant and sold the aforesaid property to Kailasam (A1) by sale deed dated 089.02.2024 registered as Document No.905 of 2024, which was witnessed by the co-accused; and that the said document was drafted by this petitioner(A5). Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner(A5) had only drafted and registered the sale deed and he had nothing to do with the alleged offence and in any case, the custodial interrogation of the petitioner is not required and sought for anticipatory bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and confirms the fact that the petitioner drafted the sale deed and that the petitioner is also involved in this offence.
5. Heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record.
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6. It is seen on perusal of the copy of the sale deed that the petitioner drafted the sale deed.
7.Considering the aforesaid fact, nature of allegations and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
8. 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.I, Poonamallee, 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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SUNDER MOHAN J.
drl [b] the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders.
[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 269 of B.N.S.
drl 22-04-2025 To
1. The Inspector of Police, CCB - Avadi Police Station, Avadi City, Chennai District
2. The Public Prosecutor, High Court, Madras. CRL OP No. 11875 of 2025 4 / 4