Monesh v. The Inspector Of Police

Crl.O.P.No.5239 of 2016 K.KALYANASUNDARAM, J.

The petitioner, who is arrayed as A2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 171,420 and 255 of IPC, in Crime No.80 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the first accused had applied for issuance of encumbrance certificate with the Sub-Registrar Office, Thiruporur, enclosing the previous encumbrance certificates. The second accused had gone to the office of the defacto complainant to collect fresh encumbrance certificate and at that time, defacto complainant, Sub-Registrar found that the first accused, while applying the encumbrance certificate, has enclosed fake encumbrance certificate.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and as per instructions of the first accused, he had gone to the office of the defacto complainant to collect the encumbrance certificate and he was not aware of the allegation made against the first accused.

4. The learned Government Advocate [Criminal side] would submit that prime accused A1 was arrested and remanded to Judicial custody. He further submitted that the petitioner has no bad antecedents.

K.KALYANASUNDARAM, J.

adl/sms

5. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Kancheepuram District and on his executing 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 the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

17.03.2016 adl/sms Crl.O.P.No.5239 of 2016