Manjula v. The State Rep By

S.SOUNTHAR , J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 463 & 468 of the Indian Penal Code in Crime No. Not Known of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are alleged to have colluded with one Mr.A.S.Venkatasubramanian - the power agent of one Mrs.Pushpalatha - the defacto complainant herein, forged the life certificate and thereby defrauded the defacto complainant by transferring the title of the property in favour of the petitioners to an extent of 3,958 sq.ft comprised in S.No.292/12 bearing plot No.19, Ninnakarai Village, Maraimalai Nagar Township, Chengalpat Taluk, Kancheepuram District. Hence the complaint.

3. The learned counsel for the petitioners stated that the petitioners are innocent persons and that they have been falsely implicated in this case. Thus, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal side) accepting notice for the respondent submitted that this case has been registered in Crime No.27 of 2024 against the petitioners for the offences punishable under Sections 419, 1/4

420, 464, 465, 467, 468 and 471 of the Indian Penal Code. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Having regard to the nature of allegations made against the petitioners, and other facts and circumstances of this case, 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 on which the order copy is made ready, before the learned Judicial Magistrate No.2, Chengalpattu on condition that the petitioners shall execute separate bonds 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners 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 petitioners shall report before the respondent police everyday at 10.30.a.m., until 2/4

further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners were 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 petitioners thereafter abscond, a fresh FIR can be registered under Section 229A of the Indian Penal Code.

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S.SOUNTHAR , J.

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