V.Kala v. State Rep By
C.V.KARTHIKEYAN , J.
The petitioner/A7 in Crime No.58 of 2023, registered under Sections 120(b), 419, 447, 465, 467, 468, 471, 34 & 506(ii) IPC, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent.
3. The petitioner was working as Assistant in Sub Registrar Office, Red Hills and is now incharge Sub Registrar. There are totally 14 accused. By committing impersonation, A2 - A6 had presented a document which was registered as sale deed in Document No.10588 of 2023. In that particular document, an Aadhaar Card was produced wherein the photo of the original holder of the Aadhaar Card was changed and the impersonator's photo was affixed. It is alleged by the prosecution that the Sub Registrar had omitted and failed in duty to detect this forged Aadhaar Card and had proceeded with registration of the sale deed. It is further stated on behalf of the respondent that notice under Section 41A Cr.PC., had been issued to the petitioner herein, who had appeared and given an explanation that owing to pressure of work, she had not properly verified the Aadhaar Card. But, subsequently further steps had been taken and the sale deed in Document No.10588 of 2023 had been cancelled by a 1/4
further document in Document No.14125 of 2023 on 20.9.2023. Taking into consideration all these factors, anticipatory bail is granted.
4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner/A7 with certain conditions.
5.Accordingly, the petitioner/A7 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 Judicial Magistrate-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 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 police everyday evening at 05.30 pm, for a period of two weeks and thereafter as and when required for interrogation.
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[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 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;
11.12.2023 kp C.V.KARTHIKEYAN , J.
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