Syed Akthap Johny v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Syed Akthap Johny

2. Syed Athham Mathani

3. Rajmohamed ... Petitioner/Accused No.1 to 3 Vs 1.State Rep.by The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

Cr.No.1440/2020.

... Respondent/Complainant 2.P.Thilsath Begam ... 2nd Respondent (R2 is suo-motu impleaded vide orderdated 24.02.2022 in CRL OP(MD).3756/2022 by KMSJ) For Petitioners : M/s.Suresh Kannan C, Advocate.

For R1 : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) For R2 : Mr.A.Abdul Kabur, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1440 of 2020 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420, 34 and 109 IPC, in Crime No.1440 of 2022, seek anticipatory bail.

2.The case of the prosecution is that the petitioners along with one S.A.Jamal Mohamed had conspired together for selling the de-facto complainant's husband property by way of house site plot and the same was sold to the public. Hence, the complaint. 3.The learned counsel for the petitioners would submit that there is a civil suit pending between the parties, the present case has been falsely registered against the petitioners and they are 1/3

innocents and they have not committed any offence as alleged by the prosecution. He would further submit that since the third petitioner was reported dead, he seeks permission of this Court to withdraw this petition as against the third petitioner is concerned and he has also made an endorsement to that effect. In view of the same, this petition is dismissed as withdrawn as against the third petitioner is concerned.

4.The learned Government Advocate(Crl.Side) strongly opposed this petition stating that the petitioners had created forged document and also sold the de-facto complainant's husband property. He would further submit that the investigation has been completed and the charge sheet has already been filed and the same was taken on file in C.C.No.87 of 2022 before the learned Judicial Magistrate No.3, Thanjavur and the case stand posted for appearance of the accused on 05.11.2022.

5.Considering the facts and circumstances of the case and also considering the facts that the charge sheet has already been filed and the same was taken on file as C.C.No.87 of 2022 before the learned Judicial Magistrate No.3, Thanjavur and the case is pending for trial, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or 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.3, Thanjavur, 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 learned Magistrate concerned and on further conditions that:

(a)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;

(b)the petitioners shall report before the trial Court on all hearing dates without fail.

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the 2/3

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 229-A IPC.

sd/- 04/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.3, THANJAVUR.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.A.ABDUL KABUR, Advocate ( SR-12448[I] dated 04/11/2022 )

ORDER

IN CRL OP(MD) No.3756 of 2022 Date :04/11/2022 SJI RS/VR/SAR.4(14.11.2022) 3P-6C 3/3