P.Arasan v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioner/A7 in Crime No.254 of 2022, registered under Sections 419, 465, 467, 468, 471 and 120(b) IPC, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 3.The de facto complainant and the 1st accused are spouses. It is the case of the prosecution that by impersonation, A4 appears to have taken away the documents of the property for which there was a dispute between the de facto complainant and the 1st accused. Let me not enter into any further discussion. This petitioner is an advocate, an advocate, who had assisted the accused. But I must also appreciate that A4 the impersonator had been taken into custody which is a very significant in change in circumstance and which would help the investigation to proceed further. Taking those facts into consideration, anticipatory bail is granted.

4. Taking into consideration the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

5. Accordingly, the petitioner/A7 is ordered to be released on bail in 1/4

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 CCB CBCID Court at Egmore, Chennai, 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/A7 to appear before the respondent once a week at 10.30 am., 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 2/4

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].

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

19.12.2023 kp C.V.KARTHIKEYAN , J.

kp 3/4

19.12.2023 4/4