Michael Ranjit Singh (Michael George) v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15160 of 2021 1 MICHAEL RANJIT SINGH (MICHAEL GEORGE) [ PETITIONERS / ACCUSED ] 2 REUBEN RAJA SINGH (REUBEN GEORGE) Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH-II, TEAM-20, CCB,CHENNAI.

(CRIME NO.76/2021) For Petitioner : M/S T.V.VINEETH KUMAR Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) For Intervenor : M/S.NATHAN AND ASSOCIATES PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 409, 465, 467, 468, 471 and 34 of IPC, in Crime No.76 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant and his elder brother Mr.Dhanasingh David, the step mother Gnanapushpam had joined and executed the power of attorney to Mr.Jayasingh Gnankan. Who is the father of these petitioners. Thereafter, the petitioners have created a forged documents of settlement deed, rectification deed and power document with the intention to grab the land of the defacto complainant. Hence, the complaint.

3.The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that there was a civil suit in O.S.No.57 of 2015 on the file of the Additional District Judge,-III, Thiruvallur is pending Hence, he prays for grant of anticipatory bail to the petitioners.

4.Heard the learned Government Advocate (Crl.Side).appearing for the respondent Police.

5.Considering the facts and circumstances of the case and also the fact there was a civil dispute, and the suit is pending and there is no previous case pending as against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners. 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Poonamallee, on condition that the petitioners shall execute a separate 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 petitioners 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 petitioners shall report before the respondent police as and when required for interrogation.

(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 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/- 01/09/2021 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, POONAMALLEE.

2 THE CHIEF JUDICIAL MAGISTRATE, THIRUVALLUR DISTRICT (FOR INFORMATION).

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH-II, TEAM-20, CCB,CHENNAI.

+1 CC to M/S. T.V.VINEETH KUMAR Advocate on payment of necessary charges SR.NO. 9354 +1 CC to M/S. NATHAN AND ASSOCIATES Advocate on payment of necessary charges SR.NO. 9398 CRL OP.15160/2021 Date :01/09/2021 INBA 06/09/2021