K.Nagaraj v. The State Rep By

C.V.KARTHIKEYAN , J.

The petitioner/A6 seeks anticipatory bail in Crime No.129 of 2023 registered by the respondent for the offences under Sections 120(b), 34, 465, 467, 468, 471 IPC.

2. The learned counsel for the petitioner stated that the petitioner is an innocent person and he has been falsely implicated in Crime No.129 of 2023 registered by the respondent Police for the offences under Sections 120(b), 34, 465, 467, 468, 471 IPC. Thus, he seeks anticipatory bail to the petitioner.

3. Even before proceeding further, it must be stated that the 2nd and 3rd accused had been taken into custody and granted bail, consequent to the fact that the respondent had not filed final report.

4. It is stated that a document had been created with respect to the property measuring 7200 sq.ft in Plot No.7, , Old Survey No.1/105 and New Survey No.1/1G part at VGP Golden Beach South part VII in Sholinganallur Village, Saidapet taluk, Chengalpattu District. It is stated that originally the 1/5

property belonged to one S.Veeraraghavan who was partner of Sri Vinayagar Agencies. Thereafter, by a sale deed, it devolved to V.Sundarajan. But however parallel documents were created. It is seen that finally one Krishna Kumar and another lady Selvi.Cassilda Dhanraj now claim the property.

5. The entire issue relates about the creation of documents by way of impersonation and putting of forged signatures. The allegation against the petitioner is that he has signed as a attester to one of the documents.

6. Taking into consideration the facts and circumstances that the 2nd and 3rd accused had been granted bail, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

7. The petitioner should disclose the facts about Nirmala Palanivel/the 1st accused. The learned counsel states that she is the mother of the 2nd accused. If the petitioner does not co-operate during the course of investigation, the respondent are at liberty to file petition seeking cancellation of anticipatory bail granted to the petitioner.

8.Accordingly, the petitioner is ordered to be released on bail in the 2/5

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 No.1, Alandur, 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 everyday at 10.00.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 3/5

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;

07.11.2023 gd C.V.KARTHIKEYAN , J.

gd 4/5

07.11.2023 5/5