Dhanapal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2021 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN 1.Dhanapal 2.Ignesious ` ... Petitioners/Accused 4 & 5 Vs The State rep.by, The Inspector of Police, Anti-Land Grabbing Special Cell, District Crime Branch (DCB), Tuticorin.
Crime No.29/2017 ... Respondent/Complainant For Petitioners : Mr.S.Muthumalai Raja, Advocate.
For Respondent : Mr.T.Senthilkumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.29/2017 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420, 464, 468, 471 and 34 of IPC in Crime No.29 of 2017 on the file of the respondent police, and seek anticipatory bail.
2.Heard the learned counsel for the petitioners and the learned Government Counsel(Crl.side) for the respondent police. 3.From the counter filed by the respondent, it is seen that the principal accused were granted anticipatory bail by the Principal Sessions Court in Crl.M.P.No.3500 of 2020. A-1 has passed away on 17.03.2013. The first petitioner is the purchaser of the property, while the second petitioner is the attestor. The FIR itself is of the year 2017. The petitioners undertake to co-operate 1/3
with the investigation and appear as and when required. The arrest of the petitioners is not going to serve any purpose. 4.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.
5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest by the respondent police on executing personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] each with two sureties each for a likesum to the satisfaction of the respondent police and on further condition that the petitioners shall appear before the learned Judicial Magistrate/Anti-Land Grabbing Special Court, Tuticorin and execute fresh personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only]each with two sureties each for a likesum to the satisfaction of the concerned Judicial Magistrate, within a period of one month, from the date of resumption of regular work in subordinate Courts in view of the present pandemic situation and on further conditions that: [a]the sureties shall affix their photographs and Left Thumb Impression in the surety bonds and the Magistrate may obtain a copy of their Aadhar cards or Bank pass Books to ensure their identity; [b]the petitioners shall report before the respondent police as and when required for interrogation;
[c]the petitioners shall not abscond either during investigation or trial;
[d]the petitioners shall not tamper with evidence or witness 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]; and [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 11/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1.THE JUDICIAL MAGISTRATE, ANTI LAND GRABBING SPECIAL COURT, TUTICORIN.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.
3.THE INSPECTOR OF POLICE, ANTI-LAND GRABBING SPECIAL CELL, DISTRICT CRIME BRANCH (DCB), TUTICORIN.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.39 of 2021 Date :11/06/2021 CP TK/PN/SAR.3/18.06.2021/3P/5C 3/3