T.S.Srinivasan v. State Rep By

Crl.O.P.No.24913 of 2023 C.V.KARTHIKEYAN,J.

The petitioner is A4 in Crime No.39 of 2023 registered by the respondent police for the offence punishable under Sections 419, 420, 465, 468 and 34 of IPC and on the complaint given by the de -facto complainant who had also filed an intervening application to intervene in the proceedings.

2. The case of the Prosecution is that the property at Plot No.19, KVR layout, Survey No.302 Part and 303 Varadharajapuram Village, Poonamallee originally belonged to L.B.Chandran. Quite independently one Ramakrishnan had created a fake and forged power of attorney as if he had the power to sell the property. With the help of power of attorney, he sold the property to A1 for valid consideration of Rs.83,00,000/-. In turn A1 sold the property to the de-facto complainant for a consideration of Rs.93,00,000/-. A2 is the wife of A1. A3 is a House broker. The

present petitioner is a friend of A1. It is stated that A1 and A2, had been granted Anticipatory Bail. Quite independently L.B.Chandran the original owner had lodged the complaint against Ramakrishnan. and FIR in Crime No.209 of 2023 had been registered.

3. The learned counsel for the Intervenor stated that some amount towards the consideration of Rs.93,00,000/- could be directed to deposited, but it is seen that the said amount had been paid to A1 and anticipatory bail already been granted to A1 by the learned Principal Sessions Judge, Thiruvallur.

4. Taking all the factors into consideration particularly since A2 and A3 had been granted anticipatory bail and the petitioner is only friend of A1, this Court is inclined to grant anticipatory bail to the Petitioner subject to the following conditions:

5. 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 No.I, Poonamallee, on condition that the Petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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., for a period of two weeks and thereafter as and when required 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

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 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.

03.11.2023 nst/vv

C.V.KARTHIKEYAN,J.

nst/vv Crl.O.P.No.24913 of 2023 03.11.2023