Mohan v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.14879 of 2022 Mohan ..Petitioner Vs.
State rep by ..Respondent The Inspector of Police, CCB, Team-23-A Police Station, Chennai, Cr.No.81 of 2022.
PRAYER:Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending investigation in Crime No.81 of 2022 on the file of respondent police. For Petitioner : Mr.S.N.Arunkumar For Respondent : Mr.A.Damodaran, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 02.05.2022 for the offence punishable under Sections 419, 465, 467, 468, 471 r/w 120(B) and Section 109 of IPC in Crime No.81 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner and other accused persons had fabricated forged Settlement Deed in favour of A1 by impersonating the defacto complainant with the intention to grab the property. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and remanded to judicial custody on 02.05.2022. Hence, he prays for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent police submitted that there are totally 6 accused in which the petitioner is arrayed as A5. He would further submit that co accused was granted bail by this Court in Crl.OP.No.14663 of 2022 on 27.06.2022.
6. Considering the above facts and circumstances of the case and also considering that the co-accused was granted bail by this Court, this Court is inclined to grant bail to the petitioner.
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood related sureties, each for a like sum to the satisfaction of the Learned Special Court for Land Grabbing Cases-II, (FAC) Egmore at Allikulam Complex, Chennai-08 and on further conditions that:
[a] 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 petitioner shall report before the respondent Police daily at 10.30 a.m. for a period of 4 weeks and thereafter as and when required for interrogation.
[c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness 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.
-sd/- 30/06/2022 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 COURT FOR LAND GRABBING CASES-II, (FAC) EGMORE AT ALLIKULAM COMPLEX, CHENNAI-08 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, CCB, TEAM 23-A, POLICE STATION, CHENNAI.
4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
+1 CC to M/S.S.N.ARUNKUMAR Advocate on payment of necessary charges SR.NO.10428 CRL OP.14879/2022 Date :30/06/2022 TA-30/06/2022