P.Joshua Daniel v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Second day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.25707 of 2021 P.Joshua Daniel (MBBS MS) ... Petitioner
Versus
1 State represented by ... Respondents The Inspector of Police, Anti Land grabbing special cell - II, Team No.XXVI, Central Crime Branch, Vepery, Chennai.
(*)2 The Sub Registrar Office, Pallavaram, Chengalpet District.
(*) R2 Suo-moto Impleaded as per order in Crl.OP.No.25707/2021 Dated 27/01/2022.
For Petitioner : M/S POONAM CHOPRA Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) for R-1 : M/S.R.P.MURUGAN RAJA, Govt. Advocate (SRO) for R-2 For Intervener : M/S.B.VASUDEVAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest by the respondent police for the offences punishable under Sections 465, 467, 468 and 471 r/w Section
34 and 109 of IPC in Crime No.74 of 2021, is before this Court seeking anticipatory bail.
2. The First Information Report registered by the respondent police indicates that the petitioner along with other accused created forged document in respect of the defacto complainant's property and registered a sale deed in his favour.
3.This Court by an order dated 07.01.2022, granted the interim anticipatory bail with condition that the petitioner shall cancel the sale deed as well as the power of attorney executed in his favour. 4.The document which is alleged to have been created by forgery has now been cancelled by the proceeding of the Sub Registrar, Pallavaram dated 01.02.2022.
5. Recording the same, the interim anticipatory bail granted to the petitioner on 07.01.2022, is made absolute.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, 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 learned Judicial Magistrate I, Tambaram, failing which the anticipatory bail shall stand canceled 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 Court concerned 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 within seven days from the receipt of a copy of this order and continue to report on every Sunday at 10.30 a.m until for further orders for interrogation.
(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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 02/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE NO.I, TAMBARAM.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, ANTI LAND GRABBING SPECIAL CELL-II, TEAM NO.XXVI, CENTRAL CRIME BRANCH, VEPERY, CHENNAI.
5 THE SUB REGISTRAR OFFICE, PALLAVARAM, CHENGALPET DISTRICT.
CC to M/S RAMESH KUMAR CHOPRA Advocate on payment of necessary charges CRL OP.25707/2021 Date :02/03/2022 RW 09/03/2022