Mothilal Nehru @ Mothilal v. The Inspector Of Police

C.V.KARTHIKEYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 465, 467, 468, 471, 420 IPC, in Crime No.558 of 2023, seek anticipatory bail. 2.It is stated that the defacto complainant had given a complaint which was subsequently directed by the learned Judicial Magistrate Vaniyambadi under Section 156 (3) Cr.P.C. to be forwarded to the respondent. On receipt, the respondent had registered the FIR in Crime No.558 of 2023, on 31.08.2023, under the aforementioned provisions. It is stated that the defacto complainant's husband had died. But thereafter, defacto complainant came to know that her husband had illicit relationship with A1 and through A1, children were also born. It is stated that thereafter A1 to A5 had obtained legal heirship certificate omitting the name of the defacto complainant and had sold the property to the first petitioner herein. Second, third and fourth petitioners who are accused Nos.10, 11 and 12 are said to have witnessed the sale and put 1/5

their signatures as witnesses in the sale deed. 3.This Court had directed the respondent to take into custody the 1st to 5th accused. This was ordered on 04.10.2023. However, it is stated that the 1st to 5th accused are still absconding. That would not prevent this Court from granting the relief to the first petitioner who can always claim himself as a bonafide purchaser, who purchased the property without knowledge about the forged legal heirship certificate.

4. In view of that particular fact, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate I, Thirupattur on condition that the petitioners 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 2/5

concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners 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 petitioners shall report before the respondent police daily morning at 10.00 a.m., for a period of three weeks and thereafter as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down 3/5

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.

31.10.2023 sli C.V.KARTHIKEYAN , J.

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