Arun Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.05.2024 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Arunkumar.K
...Petitioner/Accused No.9
Vs The State represented by The Inspector of Police, City CrimeBranch Police Station, Madurai City, Madurai (Crime No.20 of 2024) ... Respondent/Complainant For Petitioners : Mr.K.K.Kannan,Advocate For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.20 of 2024 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner/A9, who apprehends arrest at the hands of the respondent 1/5
police for the offences punishable under Section 419, 420, 465, 467,468, 471, 474 and 120B IPC in Crime No.20 of 2024, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that by creating forged documents the first accused executed power of attorney in favour of the second accused who in turn sold the property to the accused 3 and 4 and the accused 5 to 8 have signed as the witnesses and the petitioner/A9 is the document writer and the 10th accused has drafted the sale deed, hence the case.
3. The learned counsel for the petitioner would submit that the petitioner is the document writer and he is no way connected with the alleged occurrence and hence he seeks anticipatory bail.
4. The learned Additional Public Prosecutor objected to grant anticipatory bail to the petitioner.
5. Taking into consideration the facts and circumstances of the case and the evidences are on the basis of the records and the judicial custody of the petitioner is not necessary, this court is inclined to grant anticipatory bail to the petitioner, subject to the following 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 of receipt of 2/5
a copy of this order, before the learned Judicial Magistrate No.I, Madurai, 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 learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 30 days and thereafter, as and when required for interrogation. [c]the petitioner shall not tamper with the 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 3/5
law as if the conditions have been imposed and the petitioner is 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 229-A IPC.
sd/- 16/05/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
CM TO THE JUDICIAL MAGISTRATE NO.I MADURAI.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
THE INSPECTOR OF POLICE CCB POLICE STATION,MADURAI 4/5
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.K.KANNAN, Advocate ( SR-5528[I] dated 16/05/2024 )
ORDER
IN CRL OP(MD) No.7344 of 2024 Date :16/05/2024 PKP/VR/SAR /21.05.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5