Hari v. State Rep By

Crl.O.P.No.17663 of 2024 T.V.THAMILSELVI, J The petitioners/A7 & A8 who apprehend 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 24.00 acres & 60 cents 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 settlement deed in Doc.No.3201/2014 by forging documents and created by the 5th accused and others suppressing true facts about the existing the legal heirs. Hence the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are falsely implicated in this case and had not committed any alleged offence. He further submits that the properties were settled to the petitioners only on the basis of the family arrangements. Hence, he prays for grant of anticipatory bail to the petitioners.

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 petitioners and the defacto complainant are closed relatives 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 petitioners are 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 Court, Tiruttani, 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 petitioners 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 petitioners shall report before the respondent Police as and when required for interrogation; [c] the petitioners shall not abscond either during investigation or trial;

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

31.07.2024 MSM

T.V.THAMILSELVI,J.

MSM Crl.O.P.No.17663 of 2024 31.07.2024