G.Mahalakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR G.Mahalakshmi :Petitioner/6th Accused Vs The Inspector of Police, District Crime Branch, DCB,Superintendent of Police Office, Moonruvmavadi, Madurai.

Crime No.1 of 2022.

: Respondent For Petitioner : Mr.Ramasamy.R., Advocate.

For Respondent : Mr.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No. 1 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/accused No.6, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120(B), 419, 420, 465, 468 and 471 IPC, in Cr.No.1 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and the other accused impersonated one Annalakshmi, who was already dead, and executed a registered sale deed in favour of the second accused. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the second accused is doing real estate business, that one Selvam approached him and informed that one Annalakshmi owner of the property situated in S.No.42/2A2 30 cents in Neerethan Village, Vadipatti Taluk, Madurai District, was ready to sell her property, that the second accused believing the words of the said Selvam, had 1/3

agreed to purchase the same and that the said Selvam brought the said Annalakshmi and executed a registered deed in favour of the second accused on 23.12.2020 before the Vadipatti Sub Registrar Officer, Vadipatti.

4.The learned counsel for the petitioner would submit that the petitioner is a practicing advocate that she has completed the Law Degree in May 2021, that she had visited the Sub-Registrar Officer to assist his Senior Advocate Sudalai for the purpose of registering the power of attorney deed and that she has nothing to do with the execution of power of attorney registration.

5.The learned counsel for the petitioner would further submit that at the time of registration, she was only student of Law College and subsequently, she enrolled as Advocate. 6.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the investigation is pending. 7.Considering nature of the charges levelled against the petitioner and also the fact that the petitioner is not having any bad antecedents, this Court is inclined to grant anticipatory bail to the petitioner, but with certain conditions. 8.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.IV, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation.

(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 2/3

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 absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 31/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 NO.IV, MADURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, DCB,SUPERINTENDENT OF POLICE OFFICE, MOONRUVMAVADI, MADURAI.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.R.RAMASAMY, Advocate ( SR-2815[I] dated 01/04/2022 )

ORDER

IN CRL OP(MD) No.5425 of 2022 Date :31/03/2022 DAS MS/VR/SAR-1/11.04.2022/3P.6C 3/3