Anand @Sivanandam v. The Inspector Of Police

Crl.O.P.No 11912 of 2023 V.LAKSHMINARAYANAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 & 420 of IPC in Crime No.121 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the the petitioner had cheated the defacto complainant by creating sale deed in favour of one Sakthivel and Kanagaraj with respect to the defacto complainant's land to the extent of 1.79 hectare. Hence, this complaint.

3. The learned counsel appearing for the petitioner would submit that the complaint and FIR is false and hypothetical. Moreover, it is purely a civil dispute of recovery of money between the defacto complainant and the petitioner. He would further submit the petitioner is an innocent person and he has been falsely implicated in this case. Therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that on the basis of the complaint lodged by the defacto complainant, the FIR has been registered. Hence, opposed for grant of anticipatory bail to the petitioner.

5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is 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 made ready, before the learned Judicial Magistrate VI, Coimbatore, 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 Aadhaar 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

26.05.2023 dhk

V.LAKSHMINARAYANAN, J.

dhk Crl.O.P.No 11912 of 2023 26.05.2023