Ganesh Pandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ganesh Pandian, ... Petitioner/Accused No.5 Vs The Inspector of Police, Central Crime Branch, Madurai City.

Crime No.21/2024.

... Respondent/Complainant For Petitioner : Mr.M.Kannan, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime No.21/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A5, who apprehends arrest at the hands of the respondent police 1/5

for the offences punishable under Sections 419, 420, 465, 467, 468, 471, 474 and 120 (B) of IPC, in Cr.No.21 of 2024, seeks anticipatory bail. 2.Heard both sides.

3.This case arises out of Crime No.21 of 2024. The said crime number is part of the racket which is said to have going on in respect of the plots at Meenakshi Amman Nagar, Siruthur Village, Madurai North Taluk, Madurai. The overall offense is serious and the matter is now under the stage of investigation. 4.Considering the fact that the petitioner is arrayed as accused No.5 in Crime No.21 of 2024. It is contended that the petitioner is only a subsequent purchaser. He did not know about the offences and purchased the property by investing his money and also considering the fact that sale deed of the petitioner, which is registered as Document No. 3458/2022 is already held to be a fraudulent document by the Registrar and considering the fact that the learned counsel for the petitioner undertakes to file an affidavit before this Court itself within a period of two weeks that he will not claim any rights with reference to the property and will also deposit the original document in Crime No. 21 of 2024 and reserving his liberty only to 2/5

proceed against with his vendors, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, upon furnishing an undertaking affidavit, the petitioner is ordered to be released on bail in the event of arrest or his appearance, 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 respondent Police or to the Police Officer, who intends to arrest or 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 Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall file an undertaking affidavit before this Court within a period of two weeks from today that he will not claim any rights with reference to the property and will also deposit the original document in the Crime No.21 of 2024 and reserving his liberty only to proceed against with his vendors. (c)the petitioner shall report before the respondent police as and when required for interrogation;

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(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial; (f)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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 08/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 4/5

TO 1 THE JUDICIAL MAGISTRATE NO.I MADURAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE CENTRAL CRIME BRANCH, MADURAI CITY 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M.KANNAN, Advocate ( SR-9770[I] dated 09/08/2024 )

ORDER

IN CRL OP(MD) No.8828 of 2024 Date :08/08/2024 SS/VR/SAR- /20/08/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5