G.Sathiyamurthy v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Thirtieth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13205 of 2021 1 G.SATHIYAMURTHY [ PETITIONER / ACCUSED ] 2 MARY SATHIYAMURTHY Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, NILGIRIS DISTRICT (CRIME NO.03 OF 2021) For Petitioner : M/S.G.PUNNIAKOTI Advocate For Respondent : MR.C.E.PRATAP Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Section 420 IPC in Crime No.03 of 2021, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the de-facto complainant purchased tea factory from one Tamilselvan in the year 2015. Thereafter the de-facto complainant inducted A-1 to invest in the tea factory. Accordingly, a partnership deed was executed. However, the business went in loss and they decided to sell the property in favour of one Aravind, for which they executed a sale deed in his favour and in that process, A1 collected certain documents including the signed cheques and thereafter misused the same against the de-facto complainant and obtained Rs.3 crores and the said amount was not paid to the de-facto complainant and therefore, the de-facto complainant filed a suit in O.S.No.1579/2018. Since no progress in the said suit, the present complaint came to be lodged against the petitioners.
3.The learned counsel appearing for the petitioners submitted that for the very same dispute, the de-facto complainant has instituted a suit before the competent civil Court and subsequently launched the prosecution, which is not sustainable.
4.The learned Government Advocate (Crl.Side) did not dispute the said fact.
5.Considering facts and circumstances of the case and considering the fact that already a civil suit is pending, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Nilgiris, on condition that (i) They shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand Only) each, 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 and on further condition that:
(a)if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (c)the petitioners shall report before the respondent police for a period of two weeks and thereafter as and when required for interrogation;
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
7. In the result, this Criminal Original Petition is ordered. -sd/- 30/07/2021 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 JUDICIAL MAGISTRATE, NILGRIS.
2 THE CHIEF JUDICIAL MAGISTRATE NILGIRIS [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, NILGIRIS DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.G.PUNNIAKOTI Advocate on payment of necessary charges SR NO. 8027 CRL OP.13205/2021 Date :30/07/2021 APN 04/08/2021