Madras High CourtCRL OP/17467/2021granted

J.Jagan v. State Rep By

2021-10-04Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.17467 of 2021 J.Jagan ... Petitioner Vs.

State rep by, The Sub-Inspector of Police, Guduvancherry Police Station, Chengalpattu District.

(Crime No.831 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 Crime No.831 of 2021 on the file of the respondent police.

For Petitioner : Mr.R.John Sathyan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 08.08.2021 for the offences punishable under Sections 294(b), 324, 506(ii) of IPC and Section 3(1) of the Tamil Nadu Public Property (Prevention of Damage & Loss) Act, in Crime No.831 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant had purchased pormboke land from one Sankothi. Thereafter, the petitioner had executed unregistered sale deed in favour of other person and assaulted the defato complainant and also damaged the bike of the defacto complainant. 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 08.08.2021. On instructions, he further submitted that the petitioner is ready to cancel the unregistered sale deed registered in favour of other person within 4 weeks and he will not claim any right over the property. Hence he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that there are three previous cases pending against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Considering the period of incarceration suffered by the petitioner and the petitioner is ready to cancel the unregistered sale deed in favour of other person, 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, Chengalpattu, 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 is directed to cancel the unregistered sale deed in favour of other person within a period of four weeks. (d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 04/10/2021 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, CHENGALPATTU.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON-II, PUZHAL.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUB INSPECTOR OF POLICE, GUDUVANCHERRY POLICE STATION, CHENGALPATTU DISTRICT.

+1 CC to M/S.R.JOHN SATHYAN Advocate on payment of necessary charges SR.NO.10959 CRL OP.17467/2021 Date :04/10/2021 RW 05/10/2021