Sundaramurthy v. State Rep By

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest for the alleged offences under Sections 465, 466, 467, 468, 470, 420 IPC in Crime No.703 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the de facto complainant is that the by fabricating Patta, the accused had attempted to sell a gramanatham poramboke land and on the information given by the SRO, the complaint was registered.

3. The learned counsel for the petitioner states that the petitioner is only a typist and on the instructions given by Seshadri, Advocate and A.S.Balasubramaniam, Advocate and Notary, the petitioner has prepared documents and other than that the petitioner has nothing to do with the alleged offences. He would further submitted that the petitioner is not beneficiary to the

alleged transaction and the petitioner is ready to appear before the respondent for investigation. Therefore he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent submits that the petitioner is one among the gang of the accused, who had fabricated Patta and document to sell gramanatham puramboke land. When the documents were produced for registration, the SRO found out the offence and on his instructions, the Tahsildar has given a complaint. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel on both sides and perused the materials available on record.

6. Considering the facts that the petitioner is only a typist/document writer and he is not beneficiary to the transaction, 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, Ambattur, on condition that 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 everyday at 10.30 a.m, until further orders.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial. [f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

28.10.2022 nsa

A.D.JAGADISH CHANDIRA, J.

nsa 28.10.2022