A.Murthy v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.15106 of 2021 A.Murthy ... Petitioner Vs.
State Represented by The Inspector of Police, Karaikal Town Police Station, Pondicherry (Crime No.144 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C prayed to enlarge the petitioner on bail in connection with Crime No.144 of 2021 pending investigation on the file of the respondent.
For Petitioner : Mr.A.Tamilvanan For Respondent : Mr.V.Balamurugan Public Prosecutor for Pondicherry
ORDER
The petitioner who was arrested and remanded to judicial custody on 05.08.2021 for the offences under Sections 34, 419, 420, 468, 471 & 511 of IPC, in Crime No.144 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto complainant is the original owner of the property. Further, A1 had impersonated the defacto complainant's identity and also prepared a forged Aadhaar card and Power of Attorney documents of the defacto complainant and cheated. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is not involved in the offence and he has been falsely implicated. He further submits that he is in jail from 05.08.2021. He further submitted that the petitioner's name does not found in the FIR.. Hence he prays for grant of bail to the petitioner.
4. The learned Public Prosecutor (Pondicherry) submitted that there is one previous case pending as against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.
5. Considering the facts and circumstances of the case and also perused the FIR, there is no serious allegation against the petitioner and the documents were not registered and considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
6. 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 sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Karaikal, and on further condition 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. until further orders;
(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/- 26/08/2021 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, NO.II, KARAIKAL.
2 THE CHIEF JUDICIAL MAGISTRATE PUDHUCHERRY DISTRICT [FOR INFORMATION]
3 THE SUPERINTENDENT CENTRAL PRISON, PONDICHERRY.
4 THE INSPECTOR OF POLICE, KARAIKAL TOWN POLICE STATION, PONDICHERRY.
5 THE PUBLIC PROSECUTOR PUDHUCHERRY.
+1 CC to M/S. A.TAMILVANAN Advocate on payment of necessary charges SR.NO.9149 CRL OP.15106/2021 Date :26/08/2021 RW 27/08/2021