R.Sathya v. State Rep By

A.D.JAGADISH CHANDIRA, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 465, 467, 468, 471 and 120B of I.P.C, in Crime No.26 of 2022, seek anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that the petitioner along with other accused by fabrication of documents and impersonation, sold the property belonging to her mother. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and based on the representation by the other accused and believing the documents to be true, the petitioner has purchased the property and paid a sum of Rs.8,80,000/- to the other accused. The petitioner, in fact is the victim in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that the main accused should have done the fabrication and impersonation have been arrested and they have been enlarged on bail. He would further submit that the petitioner is the subsequent purchaser of the property from A4.

However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and the submissions made the counsel, this Court is inclined to grant anticipatory bail with certain conditions.

6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, ALGSC, Tiruvallur on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 on every day 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 absconds, a fresh FIR can be registered under Section 229A IPC.

17.10.2022 Vv

A.D.JAGADISH CHANDIRA, J.

Vv 17.10.2022