Thangamuthu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Seventh day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14960 of 2021 THANGAMUTHU [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DHARAPURAM POLICE STATION, TIRUPPUR DISTRICT (CRIME NO.1126/2021) For Petitioner : M/S C.S.SARAVANAN Advocate For Respondent : M/S. A.GOPINATH, Govt. Advocate ( Crl. Side) For Intervener : MR.N.MANOHARAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest for the alleged offence under Sections 120B, 417 of IPC r/w Section 82 of Registration Act in Cr.No.1126 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner has created forged document in the name of his sister as such she had executed the Release Deed in the favour of the petitioner for the property that belongs to the Defacto complainant. Hence the defacto complainant lodged the case before the respondent police. Thereafter, the Law Enforcing Agency registered a case against the petitioner. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the land originally belongs to the father of the petitioner and after his lifetime, the petitioner and his sister derived the property by way of inheritance and during the year 2020,

the petitioner's sister had executed a release deed in favour of the petitioner. Moreover, the Defacto complainant got power for specific land and at that time he included the land that belonged to A1 and A2 in the description of the property in that power. Hence, the learned counsel prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl side) submits that the settlement deed was cancelled by the District Registrar and the property is free for sale.

5. Considering the fact and circumstances of this case and in view of the order passed by the District Registrar, the encumbrance made in the property was cleared. Hence, 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 their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Dharapuram, 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 daily at 10.30 a.m. For a period of two weeks and thereafter, 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/- 07/09/2021 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, DHARAPURAM 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, DHARAPURAM POLICE STATION, TIRUPPUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S C.S.SARAVANAN Advocate on payment of necessary charges SR.No.9681 CRL OP.14960/2021 Date :07/09/2021 APN 21/09/2021