Chandrasekaran v. The State Rep By

Crl. O.P. No.19208 / of 2024 P. DHANABAL.J., The petitioners / A6, A3, A5 and A7 who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 419, 467, 471, 109, 420 of IPC and Section 351(3) of B.N.S. in connection with the Cr. No.12 of 2024, seek anticipatory bail.

2. The learned counsel appearing for the petitioners would submit that the petitioners are arrayed as A6, A3, A5 and A7 respectively, that they have not committed any offence as alleged in the FIR and they have been falsely implicated in this case, that these petitioners are the subsequent purchasers from the vendor and they are the bonafide purchasers for a valuable consideration and hence they prayed to grant anticipatory bail to the petitioners.

3. The learned Government Advocate (Criminal Side) appearing for the respondent police would contend that the petitioners played a vital role in this case and the case is under investigation and the offences against the petitioners are grave in nature, that these petitioners after knowing very well about the nature of the property, purchased the properties and therefore, strongly opposed to grant anticipatory bail to the petitioners.

4. Heard both sides and perused the materials available on record.

5. Considering the arguments putforth on either side, considering the fact that the power deed was executed by the main accused A1 and these petitioners are the subsequent purchasers for a valuable consideration and that there is no previous case as against these petitioners, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

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 on which the order copy made ready, before the learned Judicial Magistrate No.I, Namakkal on condition that each of the petitioners 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 learned Magistrate concerned and on further condition that: [a] the petitioners shall report before the respondent police on every day at 10.00 a.m. until further orders. [b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of

the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

[c] the petitioners shall not leave India without the previous permission of the Court;

[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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

03.09.2024 [1/2] mjs P.DHANABAL,J mjs To

1. The Judicial Magistrate No.I, Namakkal

2. The Inspector of Police, District Crime Branch, Namakkal.

3. The Public Prosecutor, High Court, Madras. CRL O.P. No.19208 of 2024 03.09.2024 [1/2]