G Santhosh Kumar v. State Rep. By

P. DHANABAL.J., The petitioner apprehends arrest for the alleged offences under Sections 419, 406, 420, 467, 468 and 471 of IPC in Crime No.07 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that defacto complainant's husband had rented out the house standing in his name in Egmore to one Mrs.Brinda, w/o. Ganesh Kumar in 2021. Following the death of her husband, the defacto complainant had renewed the rental agreement with the said Mrs. Brinda on 30.01.2023. When the rent amount was defaulted for the months of August and September 2023, the defacto complainant tried calling Mrs.Brinda and her husband Ganesh Kumar. As they could not be contacted, the defacto complainant visited the house in person only to find out that the accused has given the house on lease to the third person for a sum of Rs.8 lakhs by impersonating the defacto complainant and forging her signature.

3. The learned counsel appearing for the petitioner submits that petitioner has only acted as a mediator and co-accused were granted anticipatory bail and thus, he prayed to grant anticipatory bail to the petitioner.

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4. The learned Government Advocate (Criminal Side) submitted that, investigation in this case almost completed and there is no previous cases pending against the petitioner. However, he opposed for granting anticipatory bail to the petitioner.

5. Considering the submissions made on both sides and this petitioner was only acted as a mediator and considering that co-accused were released on bail and there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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 (15) days from the date of receipt of a copy of this order before the learned XIVth Judicial Magistrate Court, Egmore, 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 shall report before the respondent police daily at 10.30.a.m., until further orders; 2/4

[b] the petitioner shall not abscond either during investigation or trial.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] 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].

[e] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

06.08.2024 sma To 1.TheXIVth Judicial Magistrate Court, Egmore, Chennai.

2. The Inspector of Police, F2, Egmore Police Station, Egmore, Chennai - 600 008.

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P. DHANABAL.J., sma 06.08.2024 4/4