D.Vasantha v. The State Rep By, The Assistant Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR 1.D.Vasantha 2.D.Lokesh ... Petitioners Vs.

The State represented by The Assistant Commissioner of Police, Central Crime Branch-I, Gamma-1, LFTW-1, Vepery, Chennai.

Crime No.112 of 2024 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.112 of 2024 on the file of the respondent. For Petitioners :

Mr.A.Saravanan For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 09.05.2025, for the offence punishable under Sections 120 B, 3, 420, 447, 465, 468, 471 and 506 (i) I.P.C in Crime No.112 of 2024, registered on the 1/7

file of the respondent, seek bail.

2.The case of the prosecution is that the accused A1 has created a forged sale deed and executed power of attorney in favour of A2/1st petitioner. Thereafter, the first petitioner executed power of attorney in favor of 2nd petitioner with an intention to grab the property of the defactocomplainant. Hence, the case. 3.On 24.06.2025, when the case came up for hearing, the learned Government Advocate (Criminal side) seeks time to verify the revenue records of the defacto-complainant and report before this Court. 4.Today, the learned Government Advocate (Criminal side) confirms that possession of the subject property is with the defacto-complainant and the petitioners also gave an undertaking that they will not disturb the peaceful possession of the defacto-complainant.

5. Considering the facts and circumstances of the case, the undertaking given by the petitioners that they will not disturb the peaceful possession of the defacto-complainant and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the 2/7

petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Metropolitan Magistrate, CCB-CID Court, Egmore, Chennai - 600 008, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the second petitioner shall report before the respondent Police daily at 10.30.a.m., for a period of three weeks; thereafter as and when required for interrogation; the first petitioner shall report before the respondent Police as and when required for interrogation;

[c] the petitioners shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

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[e] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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)13 SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 01.07.2025 ep Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To 1.The Metropolitan Magistrate, CCB-CID, Egmore, Chennai- 600 008.

2.Special Jail for Women, Puzhal, Chennai - 600 066. 3.Central Prison, Puzhal, Chennai.

4.The Assistant Commissioner of Police, Central Crime Branch-I, Gamma-1, LFTW-1, Vepery, Chennai.

5The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

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