L.B.Sethil Kumar v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fifth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19367 of 2021 L.B.SETHIL KUMAR ... PETITIONER Vs THE STATE REP.BY ... RESPONDENT THE INSPECTOR OF POLICE, CCB-I, OFFICE OF THE COMMISSIONER OF POLICE, GREATER CHENNAI POLICE, NO.132,OFFICE BUILDING, EVK SAMPATH ROAD, VEPERY, CHENNAI Cr.No.103 of 2019 For Petitioner : M/S.THANU MADHAN N.S. Advocate For Respondent : M/S. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 406, 420, 465, 467, 468, 471 and 120B of I.P.C. in Cr.No.

103 of 2019 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant borrowed a sum of Rs.25 Lakhs from the defacto complainant by pledging the original documents and executed general power of attorney in favour of the petitioner. Thereafter, again the defacto complainant received a sum of nearly Rs.20 Lakhs from the petitioner. The petitioner, without the knowledge of the defacto complainant and based on the general power of attorney, is alleged to have executed sale deed in favour of A2. The petitioner is arrayed as A1. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution.

received a sum of nearly Rs.45 Lakhs and handed over the original documents and also executed general power of attorney in favour of the petitioner. The learned counsel further submitted that the issue is purely a civil dispute and the defacto complainant instead of approaching the civil forum, has lodged the present complaint. 4.The learned Government Advocate submitted that investigation is still pending.

5.Considering the fact that the execution of general power of attorney is not disputed and the general power of attorney was not canceled till the alienation made in favour of A2, 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 learned CCB Metropolitan 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 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;

(c)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/- 25/10/2021 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 CCB METROPOLITAN MAGISTRATE, EGMORE, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI[FOR INFORMATION] 3 THE INSPECTOR OF POLICE, CCB I, OFFICE OF THE COMMISSIONER OF POLICE, GREATER CHENNAI POLICE, NO.132, OFFICE BUILDING, EVK SAMPATH ROAD, VEPERY, CHENNAI 7 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+3 CC to M/S.THANU MADHAN N.S. Advocate on payment of necessary charges SR.No.11761 CRL OP.19367/2021 Date :25/10/2021 APN 28/10/2021