T.Jothikumar v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN T.Jothikumar

...Petitioner/Accused

Vs.

State represented by The Inspector of Police, District Crime Branch Police Station, Coimbatore.

(Crime No.24 of 2023) ...Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.24 of 2023 on the file of the respondent police, on such terms and conditions. For Petitioner : Mr.S.Saravanan For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/6

ORDER

The petitioner seeks bail in Crime No.24 of 2023, registered by the respondent police for the offences punishable under Sections 149, 420, 465, 468, 471, 120(b) of IPC. The petitioner had been taken into custody on 01.11.2023.

2.It is the case of the prosecution that the defacto complainant, had given the title deeds of his property to A1 to generate finance for the purpose of marriage in the family of the defacto complainant. It appears that A1, by retaining the documents, had induced A2 to impersonate the titleholder and the property had been sold to A4. The present petitioner/A3 is alleged to have obtained necessary documents of the defacto complainant for the purpose of impersonatiion at the time of registration.

3.It is stated that there are 14 accused and A12, A13 and A14 are absconding and notices under Section 41-A of Cr.P.C., had been issued to A10 and A11. Investigation has proceeded to a fair extent. 2/6

4.Taking into consideration the period of incarceration, I am inclined to grant bail to the petitioner subject to the following conditions: 5.Accordingly, the petitioner is ordered to be released on bail on condition to 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 District Munsif cum Judicial Magistrate, Annur, and on further conditions that: - [a] 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., until further orders. [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

3/6

[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 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.

15.12.2023 ata 4/6

To

1. The District Munsif cum Judicial Magistrate, Annur.

2. The Central Prison, Coimbatore.

3.The Inspector of Police, District Crime Branch Police Station, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

5/6

C.V.KARTHIKEYAN.

J.

ata 15.12.2023 6/6