M.K.Ramesh v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners seek anticipatory bail in Crime No.332 of 2023 registered by the respondent Police for the offence under Sections 447, 294(b), 324, 427 & 506(ii) of IPC.

2.The learned Senior Counsel states that the defacto complainant is the owner of the lands and in order to sell the properties, he entered into an agreement of sale on 04.03.2023 in favour of M/s Grand Housing Private Limited for a sale consideration of Rs.10,22,00,000/-. 3.It is stated that the defacto complainant has earlier received a sum of Rs.2 crores as advance from the alleged purchaser. 4.On the side of the respondent, it is stated that the petitioners are villagers who have objected for sale and demanded commission.

5. All these aspects will have to be examined during the course of trial. It is stated that the petitioners had destroyed the compound wall. 6.Taking into consideration all these facts, 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 1/4

the date on which the order copy made ready, before the learned Judicial Magistrate, Thiruvallur on condition that the petitioner shall execute 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 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, daily 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 2/4

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; 09.10.2023 vkr 3/4

C.V.KARTHIKEYAN , J.

vkr 09.10.2023 4/4