S.Vivekanandan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH S.Vivekanandan, ... Petitioner/Accused No.24 Vs The State of Tamilnadu, Rep by the Deputy Superintendent of Police, CBCID South, Theni District.

Crime No.2 of 2022..

... Respondent/Complainant For Petitioner : Mr.S.Ramsundarvijayraj, Advocate.

For Respondent : Mr.Veerakathiravan, Additional Advocate General-III assisted by Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime no. 2 of 2022 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 13.12.2024 for the offences under Sections 409, 465, 466, 468, 471, 472, 477A, 109 of IPC and Sections 13(2), 13(1)(C), 13(1)(d)(i) of P.C. Act and Section 13(2) r/w Section 1/5

13(1)(a) of P.C. Act, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the accused persons indulged in converting the poramboke lands as private lands in connivance with the officials. There are totally 18 accused persons in this case and the petitioner has been arrayed as Accused No.15. The allegation against the petitioner is that he was the Sub Registrar during the relevant point of time and he also connived with the accused persons in registering the documents.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Advocate General appearing for the respondent Police.

4. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 13.12.2024 and also considering the fact that co-accused have been enlarged on bail by this Court and considering the fact that the petitioner has already retired from service and aged about 61 years and also taking note of the fact that the entire case is borne out by records and also considering the fact that pattas that were granted have already been cancelled and the lands have been restored in the revenue records to its original 2/5

position, this Court is inclined to grant bail to the petitioner subject to the following conditions.

5. Accordingly, the criminal original petition is ordered and the petitioner is ordered to be released on bail on executing 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 learned Chief Judicial Magistrate, Theni and on further conditions that:- [a] 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 Monday and Friday 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 3/5

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, 2023.

sd/- 07/01/2025 / TRUE COPY / / 01 /2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE CHIEF JUDICIAL MAGISTRATE THENI.

2 THE DEPUTY SUPERINTENDENT OF POLICE, CBCID SOUTH, THENI DISTRICT.

3 THE OFFICER INCHARGE DISTRICT JAIL, THENI.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.RAMSUNDARVIJAYRAJ, Advocate ( SR-123[I] dated 07/01/2025 )

ORDER

IN CRL OP(MD) No.30 of 2025 Date :07/01/2025 4/5

PSP/ /SAR /07.01.2025/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5