Madras High CourtCRL OP(MD)/3429/2021granted

Velukonar v. The Inspector Of Police

2021-06-11Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2021 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN

1. Velukonar

2. Palaniyappan

3. Muthu

4. Kannaiah

5. Arumuga Nayinar ... Petitioners/Accused Nos.6,9.10,11 and 12 Vs The State rep. by The Inspector of Police, City Crime Branch, Tirunelveli District.

Crime No.6 of 2021.

... Respondent/Complainant For Petitioners : Mr.M.Jegadeesh Pandian, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.6 of 2021 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 419, 420, 465, 467, 468, 471 and 120B of IPC in Crime No.6 of 2021 on the file of the respondent police, and seek anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent police.

3. The allegation of the prosecution is that the petitioners have indulged in acts of forgery.

4.The petitioner's counsel, on instructions, submits that as and when required, the petitioner would give their sample signature and also co-operate with the investigation. The validity of the 1/3

process of taking sample signature will not be impeached later on the ground that they are not arrested. This undertaking given by the petitioners is recorded.

5.Since the custodial interrogation of the petitioners is not necessary, in view of the aforesaid undertaking, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.

6.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 common sureties each for a likesum to the satisfaction of the respondent police and on further condition that the petitioners shall appear before the learned Special Court for Anti Land Grabbing Cases, Tirunelveli District, and execute fresh personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] each with two common sureties each for a likesum to the satisfaction of the concerned Court, 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 SPECIAL JUDGE FOR ANTILAND GRABBING CASES, TIRUNELVELI DISTRICT.

2.THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.3429 of 2021 Date :11/06/2021 rmi AE/PN/SAR-1/18.06.2021/3P/4C 3/3