R.Dineshkumar v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.12.2024
CORAM
THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA R.Dinesh Kumar ....
Petitioner Vs State rep. by The Inspector of Police, CCB - Avadi City, Avadi.
(Crime No.69 of 2024) ....
Respondent Prayer: Criminal Original Petition is filed under Section 482 of of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of his arrest in connection with Crime No. 69 of 2024 pending on the file of the respondent police. For Petitioner :
Mr.R.Sasikumar For Respondent :
Mr.S.Santhosh Government Advocate (Crl.Side)
ORDER
Apprehending arrest in connection with Crime No.69 of 2024 registered for the offences punishable under Sections 419, 465, 467, 468, 471 & 420 of IPC, the present petition has been filed seeking 1/6
anticipatory bail.
2. The case of the prosecution is that the defacto complainant had purchased the property in the year 2000 to an extent of 2340 sq.ft. in S.No.423/2 at Thandarai Village, vide Document No.3726 of 2000. The petitioner and other accused colluded together and impersonated as the defacto complainant and executed a Power of Attorney on 23.11.2023 in favour of one Parasuraman/A2. By virtue of the same, A2 had executed a sale deed dated 02.04.2024 in favour of wife/A3. Hence, this case.
3. 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 a real estate broker and other than that the petitioner has no role to play in the alleged occurence. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
4. 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 accused by 2/6
impersonation and fabrication of documents, cheated the defacto complainant. He would further submit that the petitioner is a person who had taken the impersonator to the Sub Registrar of Office.
5. 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 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Poonamallee, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each 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. 3/6
[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.
09.12.2024 Index : Yes/No Internet : Yes/No Lpp To 1.The Inspector of Police, CCB - Avadi City, Avadi.
2.The Public Prosecutor, High Court, Madras.
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A.D.JAGADISH CHANDIRA, J, Lpp 5/6
09.12.2024 6/6