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Madras High CourtCRL OP/3/2025granted

Ramachandran v. State Rep.By, The Inspector Of Police,

2025-01-06Honourable Mr Justice A.D.Jagadish Chandira4 pages

CRL OP NO. 3 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 3 of 2025 Ramachandran S/o. Pitchamuthu, No.32,Kambar Street, kannagi nagar,Kolathur, Chennai - 99.

Petitioner(s) Vs State Rep.By, The Inspector Of Police, C.C.B - Beeta-9, Veppery,Chennai, Crime No. 48 of 2014 Respondent(s) For Petitioner(s):

D Sundaramoorthy S.Shankar D. Jagan S.G.Saravana Kumar For Respondent(s):

Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Section 465, 467, 468, 471 and 420 of IPC in Crime No.48 of 2014, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner by fabricating the documents, grabbed the property belonging to the defacto complainant. Hence, the complaint.

3. Learned counsel appearing for the petitioner would submit that the petitioner is innocent and he is a Power of Attorney to the accused/A2 and the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner has no previous case with respect to cheating and is ready to produce solvent sureties and also to abide with any conditions that may be imposed by this Court, therefore, he prayed for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for grant of anticipatory bail to the petitioner stating that the petitioner with other accused fabricated the documents and grabbed the property belonging to the defacto complainant. He further submitted that the case is of the year 2014 and the investigation is still pending.

5. Heard the learned counsel for the petitioner, the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR.

6. Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side and considering the nature of offence, custodial interrogation is not necessary. Therefore, 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Hon'ble Special Court for CCB and CBCID Cases at Egmore, Chennai 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 every Saturday at 10.30 a.m. for a period of two(2) weeks.

[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 petitioners 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.

06.01.2025 msv To The Inspector Of Police, The State C.C.B - Beeta-9, Veppery,Chennai, Crime No. 48 of 2014