A Sangeetha v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH
1. A Sangeetha
2. P Arumugam ... Petitioners/Accused(Rank not known) Vs State of Tamil Nadu, The Inspector of Police, Economic Offences Wing, (Eow), Thoothukudi District.
(Crime No.1 of 2024). ... Respondent/Complainant For Petitioner : Mr.I.Pinaygash, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.1 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 408, 409, 420, 467, 468, 471, 477(A) and 34 of IPC in 1/5
Crime No.1 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the persons who were appointed as liquidator, sold the property belonging to the TNEB Co-operative Building Society to non-members. There are totally twenty three accused persons in this case and the petitioners have been arrayed as A22 and A23. They are the subsequent purchasers from A10 and A15.
3.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that nearly nine accused persons approached the Court and sought for anticipatory bail and they agreed to cancel the documents and based on the same, anticipatory bail was granted. In view of the same, it was submitted that if the petitioners are also willing to cancel the document, this Court can consider granting anticipatory bail to them.
4. The learned counsel appearing for the petitioners submitted that the petitioners are innocent purchasers of the property from A10 and A15. It was further submitted that the petitioners have nothing to do with the alleged offence and they came to the picture much later.
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5.Taking into consideration the facts and circumstances of the case and considering the fact that A10 and A15 from whom the petitioners have purchased the property, were already arrested in this case and later enlarged on bail and custodial interrogation may not be required insofar as the petitioners are concerned, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition is ordered and the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Tirunelveli, on condition that the petitioners shall execute a bond for a sum of Rs.
10,000/- (Rupees Ten Thousand only) each, 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 said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioners 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.
required for interrogation.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[e] the petitioners shall not abscond either during investigation or trial; [f] on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners 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]; and; [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.
sd/- 22/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO
1. THE JUDICIAL MAGISTRATE NO.II, TIRUNELVELI, 4/5
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
3. THE INSPECTOR OF POLICE, ECONOMIC OFFENCES WING, (EOW), THOOTHUKUDI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.I.PINAYGASH, Advocate ( SR-711[I] dated 23/01/2025 )
ORDER
IN CRL OP(MD) No.460 of 2025 Date :22/01/2025 RK/SKN (13/02/2025) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5