Mariappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Mariappan ... Petitioner/Accused No.1 Vs The State rep. by The Inspector of Police, Manur Police Station, Tirunelveli District.

(Crime No.152 of 2024) ... Respondent/Complainant For Petitioner :

Mr.S.Baskar Mathuram, Advocate For Respondent :

Mr.R.M.Anbunithi Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS @ 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.157 of 2024 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent 1/5

police for the offences punishable under Sections 467, 468, 471, 472 and 420 IPC, in Cr.No.152 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner herien prepared the forged pattas in places where land was acquired by the Adi Dravidar Welfare Department in Ramayanpatti Villae with the Tamil Nadu Government Seals and Revenue Officials. Hence, the complaint.

3. The learned counsel for the petitioner would submit that due to enmity, a false case foisted against the petitioner and the petitioner is innocent and he has not committed any offence as alleged by the prosecution and seeks anticipatory bail. 4.The learned Additional Public Prosecutor would submit that the p would submit that petitioner herien prepared the forged pattas in places where land was acquired by the Adi Dravidar Welfare Department in Ramayanpatti Villae with the Tamil Nadu Government Seals and Revenue Officials and the investigation of the case is pending and hence, he strongly opposed to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the nature of allegations made against the petitioner, 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 2/5

or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.V, Thirunelveli, 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 report before the respondent police daily at 10.30 am for a period of one week 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]; and; 3/5

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 15/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP To 1.The Judicial Magistrate No.V, Tirunelveli.

2.Do through the Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, Manur Police Station, Tirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to M/s.MATHURAM LAW ASSOCIATES, Advocate, SR No.7977(I), dated 16.07.2024 ORDER IN CRL OP(MD) No.10106 of 2024 Dated : 15.07.2024 4/5

ED/ JGB /SAR- (29/07/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5