Santhiya v. The State Rep By Its,
A.D.JAGADISH CHANDIRA , J.
Apprehending arrest in connection with Crime No.253 of 2024 registered for the offences punishable under Sections 419, 423, 465, 468 and 471 of IPC, the present petition has been filed seeking anticipatory bail. 2.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against her.
He also submits that one Rajendran received money from the Mother of the petitioner as loan, since he was not able to repay it, he had executed six sale deeds with respect to various properties, all those documents were prepared by Rajendran and he only brought the persons mentioning that some of them as owners and others as witnesses, all these manipulation and forgery were at the instance of the Rajendran. The learned counsel further submits that only after registering the FIR, the Petitioner came to know about this and the petitioner is ready to cancel the documents executed in her favour and willing to hand over the land to the original owner/complainant and therefore, he prayed to Page No.
grant anticipatory bail to the Petitioner.
3.The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the land in survey No.61/18 measuring to an extent of 29 ares and 71 1⁄2 cents, which was assigned to one Dayanithi by the Government was sold to the Petitioner's Mother by manipulating the Aadhar card of the Complainant in Doc.No.1896/2022, subsequently, she has executed two settlement deeds viz., Doc. No.1945/2022 in favour of the petitioner and Doc. No.1946/2022 in favour of her sons on the file of the Sub Registrar, Rishivanthiyam.
4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, she is ordered to be released on bail in the event of arrest or on her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thirukovilur on condition that the petitioner Page No.2 of 5
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 said Magistrate, on further condition that:
[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner shall report before the respondent Police daily at 10.30 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 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 269 of BNS.
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03.12.2024 vv2 Page No.4 of 5
A.D.JAGADISH CHANDIRA , J.
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