Haridass v. State Rep By

C.V.KARTHIKEYAN , J.

The Petitioner/A4 in Crime No.398 of 2023 registered by the respondent police for the offences under Sections 465, 466, 467, 468, 471 and 420 IPC, seeks anticipatory bail.

2. The learned Government Advocate (Criminal Side) stated that the Petitioner is a retired Village Administrative Officer at Koovathur Village in Cheyyur, Chengalpattu District. It is stated that the assistants of this Petitioner/A1, A2 and A3 were able to obtain a forged legal heir certificate and a death certificate and had presented the same at the time of registering a power of attorney before the Sub Registrar, Cheyyur.

3. It is stated that the defacto complainant is the owner of the property. The documents which had been forged had already been collected and they will now have to be presented before the Court during the course of trial and will have to be proved in manner known to law. 1/4

4. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the Petitioner subject to the following conditions. 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 Judicial Magistrate, Thirukazhukundram, 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 conditions 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 daily at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. 2/4

[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 229A IPC.

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C.V.KARTHIKEYAN , J.

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