R.Malarvizhi 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.13272 of 2021 R.MALARVIZHI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CCB-II, ANTI LAND GRABBING SPECIAL WING, TEAM-16, CHENNAI (CR.NO.58/2016) For Petitioner : M/S.V.ELANGOVAN, Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 468, 471 r/w. 341 of I.P.C. in Cr.No.58 of 2016 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with the other accused is alleged to have created forged document and encumbered the defacto complainant's property. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He would further submit that the case is of the year 2016 and that the co-accused has been enlarged on bail in the year 2016 itself in Crl.O.P.No.21079 of 2016.

4.Heard the submissions made by the learned Government Advocate. 5.Considering the fact that the case is of the year 2016 and the fact that the co-accused has been enlarged on bail in the year 2016 itself, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Special Metropolitan Magistrate, Land Grabbing Court -

II, Periyamedu, Chennai, 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 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 Court concerned 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 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-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 SPECIAL METROPOLITAN MAGISTRATE, LAND GRABBING COURT -II, PERIYAMEDU, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, CCB-II, ANTI LAND GRABBING SPECIAL WING, TEAM-16, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.V.ELANGOVAN, Advocate on payment of necessary charges 7963 CRL OP.13272/2021 Date :30/07/2021 INBA 05/08/2021