Kumar v. State By

RMT.TEEKAA RAMAN, J.

The petitioner/A10, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 120B, 406 and 506(2) of I.P.C., in Crime No.341 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the de-facto complainant has executed and accommodative sale deed on 29.10.2020 in favour of accused No.3 for borrowing a sum of Rs.1,00,00,000/- and upon his insistence the make belief sale deed dated 29.10.2020 has been executed by the de-facto complainant with an understanding that the third accused would re-convey the property covered under the sale deed, immediately upon the repayment by de-facto complainant to third accused. The third accused has executed to accused No.7 and accused No.7 in turn has executed several sale deeds in favour of this petitioner accused No.10 and other accused. Hence the case.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and they have 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 a civil case is filed by the de-facto complainant against the petitioner and the same is dismissed that would resultantly leads to filing of this criminal case. However, he opposed for grant of anticipatory bail to the petitioner.

5. Heard both sides 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 F.I.R itself is stayed in Crl.O.P.No.19218 of 2023, 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 Judicial Magistrate-II, Mecheri, Salem District, 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 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

21.09.2023 nvi

RMT.TEEKAA RAMAN, J.

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