Janarthanan Chettiyar v. State Rep By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the First day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20533 of 2021 1 JANARTHANAN CHETTIYAR [ PETITIONERS / ACCUSED ] 2 GOWTHAM 3 BALAJI Vs STATE REP BY THE [ RESPONDENT ] THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, CUDDALORE.

CRIME NO. 31/2021 For Petitioner : M/S D.BASKAR Advocate For Respondent : MR. 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 petitioners who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 420 and 506 (i) of I.P.C. in Crime No.31 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the first petitioner entered into a sale agreement with the defacto complainant and on various occasions received money to the tune of Rs.45 Lakhs and thereafter neither executed the sale deed nor repaid the money. Petitioners 2 and 3 are the sons of the first petitioner.

3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and would further submit that the issue involved in the present case is purely a civil dispute and the defacto complainant instead of approaching the Civil forum by filing a suit for specific performance, has lodged the present complaint, which is un-sustainable one.

4.Heard the submissions made by the learned Government Advocate. 5.Considering the fact that the dispute appears to be civil in nature, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif Cum Judicial Magistrate, Kurunjipadi, on condition that the petitioners shall execute 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 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 petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners 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 petitioners in accordance with law as if the 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) AIR SCW 5560]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 01/11/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KURUNJIPADI, CUDDALORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, CUDDALORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S D.BASKAR Advocate on payment of necessary charges CRL OP.20533/2021 Date :01/11/2021 RW 16/11/2021