P.Mugunthan v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.06.2021 CORAM :

THE HON'BLE Mr.JUSTICE M.DHANDAPANI Crl.O.P.No.18471 of 2020 P. Mugunthan ... Petitioner Vs.

State Represented by, Sub- Inspector of Police, Central Crime Branchm, Land Grabbing Team-II, Chennai.

(Crime No.135 of 2014) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Cr.P.C., to enlarge the petitioner on bail in the event of his arrest in Crime No.135 of 2014 on the file of the respondent. For Petitioner : Mr.S. Namasivayam For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 419, 465,468,471, 420 and 120(B)of IPC, in Crime No.135 of 2014, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner had purchased a property from one V.E.S. Raja for a valuable consideration for a sum of Rs.41,25,000/-. Thereafter, it came to light that the documents pertaining to the the said property are created fraudulently by the accused persons. Hence, the complaint was registered.

3.The learned counsel appearing for the petitioner would submit that the matter has been settled out of the Court. Hence, he prays for grant of anticipatory bail to the petitioner.

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

5.Considering the submissions made by the learned counsel for the petitioner that the matter has been settled out of the Court, 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate/ Metropolitan Magistrate, Alandur Chennai, 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.

© 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/- 17/06/2021 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/METROPOLITAN MAGISTRARE, ALANDUR, CHENNAI.

2 THE CHIEF JUDICIAL MAGISTRATE, CHENGALPET [FOR INFORMATION] 3 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 4 THE SUB-INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, LAND GRABBING TEAM-II, CHENNAI.

5 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.S.NAMASIVAYAM Advocate on payment of necessary charges CRL OP.18471/2020 Date :17/06/2021 MK:09/07/2021