Yamuna v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO.31902 of 2024 J.Yamuna ... Petitioner Vs The State, Rep., by the Inspector of Police, Central Crime Branch, Avadi, Thiruvallur District.

Crime No.50 of 2024 ....Respondent For Petitioner : Mr.G.Saravana Kumar For Respondent : Mr.S.Santhosh, Government Advocate (Criminal Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 120B, 419, 465, 468, 467, 471 and 420 of IPC in Crime No.50 of 2024 on the file of the respondent Police, seeks anticipatory bail. 1/5

2.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel appearing for the petitioner seeks indulgence of this court. He would submit that the petitioner is arrayed as A4 in this case and she is the purchaser of the property and she was not aware of the earlier transactions and subsequently, the property has been sold to A5. He would also submit that co-accused has also been released on anticipatory bail by this Court in Crl.O.P.No.28498 of 2024 dated 26.11.2024 and the petitioner is ready to abide by any stringent condition that may be imposed by this court.

3.The case of the prosecution as putforth by the learned Government Advocate(Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the accused by impersonating and fabricating the document had sold the land belonging to the defacto complainant. Hence, 41A notice has been issued to the petitioner to appear before the respondent Police for enquiry. 5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials available on record. 2/5

6.Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner 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 on which the order copy made ready, before the learned Judicial Magisrate No.II, Poonamallee, on condition that the petitioner shall execute a separate 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 shall report before the respondent police everyday at 10.30 a.m., for a period of one week 3/5

and thereafter, on the first Saturday of every month 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 B.N.S.

24.01.2025 raa To 1.The Judicial Magistrate II, Poonamallee.

2.The Inspector of Police, Central Crime Branch, Avadi, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras.

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A.D.JAGADISH CHANDIRA, J.

raa 24.01.2025 5/5