Larins v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Larins ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, CCB Police Station, Tirunelveli City.

Cr.No.5/2023.

... Respondent/Complainant For Petitioner : M/s.Aayiram K.Selvakumar, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.5/2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A1 who apprehends arrest at the hands of the respondent police for the offences punishable under sections 465,467,468,471 of IPC of IPC in Crime No. 05 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner herein colluded with A3 to A5 and sold the property of the defacto complainant by executing two registered general power of attorney. 3.Heard both side and perused the materials available on record including the First Information Report.

4.The learned counsel for the petitioner would submit that due to wrong identity the petitioner had executed sale deed and now the sale deeds were cancelled.

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5.Taking into consideration of the facts and circumstances of the case and also the fact subsequent to the registration of the First Information Report the entire sale deed has been cancelled and the property has now been restored to the defacto complainant, this court is inclined to grant anticipatory bail to the petitioner , with certain conditions:

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Land Grabbing Special Court, Tirunelveli on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner 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 petitioner shall report before the respondent police daily at 10.30 am., for a period of two weeks 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 29/03/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDGE, LAND GRABBING SPECIAL COURT, TIRUNELVELI. 2 THE INSPECTOR OF POLICE, CCB POLICE STATION, TIRUNELVELI CITY, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5858 of 2023 Date :29/03/2023 RS/SSS/SAR-2(03.04.2023) 3P 4C 3/3