Sheela Jeppiaar v. The State Rep By

and Crl.M.P.No.12419 of 2023 RMT.TEEKAA RAMAN, J.

The petitioner/A5, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 408, 465, 468, 34 and 120(b) of I.P.C, in Crime No.60 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the de-facto complainant is the mother and there is a family dispute among the legal heirs of her father late Dr.Jeppiaar with reference to the Jeppiaar Educational Trust and Satyabama Educational Trust besides sharing of property in S.L.P.No.4898 and 4899 of 2021 and in C.S.No.256 of 2018. The petitioner was driven out of the family by her mother and sister. The allegation against the petitioner is that the petitioner has mis-projected as title holder of the two private limited companies and supported the other accused for illegal act of committing theft of title deed pertains to the above said company. Hence the case.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this

case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) for the respondent would submit that the charge sheet has been filed and the quash proceedings was initiated in Crl.O.P.No.1698 of 2021. However, he opposed for grant of anticipatory bail to the petitioner.

5. Heard both sides and the learned counsel for the intervenor and perused the materials available on record including the FIR.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side, the charge sheet has been filed and the quash proceedings was initiated in Crl.O.P.No.1698 of 202l since the charge sheet has already been filed and custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner.

7. 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 on which the order copy made ready, before the learned Chief Metropolitan Magistrate Court, Egmore, on condition that the petitioner shall execute a separate 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, failing which, the petition for anticipatory bail shall stand 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, everyday at 10.30 a.m., until further orders;

[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 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].

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

[g] Consequently, connected Crl.M.P is closed. 22.09.2023 nvi

RMT.TEEKAA RAMAN, J.

nvi Crl.O.P.No.17420 of 2023 and Crl.M.P.No.12419 of 2023 22.09.2023