Asokan v. State Rep By

Dr.G.JAYACHANDRAN, J., The petitioner/A5, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 420, 465, 467, 468 and 471 r/w 34 of IPC in Crime No.109 of 2021 is before this Court seeking anticipatory bail.

2.According to the petitioner, the defacto complainant Kamakala has given a complaint that her father Srinivasan purchased MMDA Approval Plot No.45A at Prakash Nagar, Gangu Reddy (Madura), Kuppam Village measuring to an extent of 2400 sq.ft and he had been in possession of the property till his demise on 14.11.2005. Thereafter, she, her sister and her brother as legal heirs of her father inherited the property. The other two legal heirs settled their shares in her favour on 14.02.2020 and got it registered. When she went to the property to put a fence, she came to know that one Rakesh (A1) sold the property to Suresh(A2) on 16.12.2019 as if the property belongs to Rakesh. On enquiry, he came to know that a fabricated legal heir certificate of her father has been obtained and by impersonation the property has been

grabbed and now stands in the name of Suresh(A2). The petitioner herein is the brother of said Suresh. Though his name is not mentioned in the First Information Report, according to the prosecution, he had been actively participated in preparing of the fabricated document and signed as witness.

3.The learned counsel appearing for the petitioner states that while granted bail to Suresh (A2), he had been appearing before the District Registrar in the proceedings for cancelling the disputed document and also civil suit is pending in this connection. 4.In view of the above fact, this Court is inclined to grant anticipatory bail to the petitioner.

5.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Poonamallee, on condition that the petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees one lakh 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 Investigation Officer 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. 04.08.2022 ari

Dr.G.JAYACHANDRAN,J.

ari 04.08.2022