Kupenthiran Purushoththaman v. The State Rep By Its
T.V.THAMILSELVI,J.
The petitioner, who apprehends arrest for the alleged offences punishable under Sections 406, 420, 465, 468 and 471 of IPC in Crime No.4 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that a total extent of 24.60 acres of agricultural lands were acquired in the name of one R.K.Govindasamy Naidu. The said properties were registered in favour of the accused persons A2 and A4 and executed a settlement deed in Doc.No.3201/2014 by forged documents created by the petitioner and other accused suppressing the true fact about the existing legal heirs. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is falsely implicated in this case and is no way connected to this case. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent opposed this petition stating that investigation is pending in this case. Hence, he prays for dismissal of this petition.
5. Taking into consideration the fact of the case and the submissions made by the learned counsel on both sides, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate , Tiruvallur, on condition that the petitioner shall execute separate bond each for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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, failing which, the petition for anticipatory bail shall stands dismissed 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 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 as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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] [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
26.07.2024 dpa T.V.THAMILSELVI,J.
dpa 26.07.2024