R Harisangaran v. The State Rep.By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP No. 31931 of 2024 R.Harisangaran S/o.Mr.Ramasubramani, Plot No.90, Vengaivasal Main Road, Santhoshapuram, Chennai 600 073 Petitioner Vs The State Rep.by, The Inspector of Police, Central Crime Branch, Tambaram Police Commissionerate, Chennai 600 119.
Respondent For Petitioner:
Mr.Prakash Raj I For Respondent:
Mr.S.Santhosh Government Advocate (Crl.Side)
ORDER
Apprehending arrest in connection with Crime No.30 of 2020 registered for the offences punishable under Sections 419, 465, 467 and 468 read with Section 120(B) 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. He would submit that the petitioner is an innocent purchaser, having purchased the property after believing the main accused. He would submit that the petitioner was issued a notice under Section 41-A of Cr.P.C and that he has appeared for the enquiry. He would further submit that 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, totally 13 accused involved in this case and the petitioner is arrayed as 13. He would submit that the petitioner along with other accused by impersonation and fabrication of documents sold the property belonging to the defacto complainant.
4. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal 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.
5. 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 learned Metropolitan Magistrate Court, Egmore, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 his 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 two weeks and thereafter, on every Saturday 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;
A.D.JAGADISH CHANDIRA , J.
dsn [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.
02.01.2025 dsn 02.01.2025