Jeyachandran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 22.07.2024 PRESENT The Hon`ble MR.JUSTICE AA.NAKKIRAN 1.Jeyachandran 2.Karthikeyan ... Petitioners/Accused Rank not known Vs The Inspector of Police, K.Pudupatti Police Station, Pudukkottai District.
(In Crime No.Not Known of 2024) ... Respondent/Complainant For Petitioner : Mr.D.Rameshkumar, Advocate For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.Not Known of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police 1/5
for the alleged offence punishable under Sections 318(4), 338 and 336(3) BNS in Crime No.Not Known of 2024 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the defacto complainant is the sister of the petitioners and they have impersonated their father and executed sale deed in favour of one Kasinathan. Hence, the case.
3.The learned counsel appearing for the petitioners submits that the petitioners are innocents and they have not committed any offence as alleged by the prosecution.
4.The learned Government Advocate(Crl.side) for the respondent submits that the parties are belonging to the same family and the accused persons created a forged document by impersonating their father. He further submits that based on the complaint given by the defacto complainant, an enquiry was initiated and the same is pending.
5.Considering the facts and circumstances of the case and also considering the 2/5
fact that the parties are belonging to the same family, this Court is inclined to grant anticipatory bail to the petitioners.
6.Accordingly, this criminal original petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aranthangi, Pudukkottai District on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand) each 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 petitioners 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 petitioners shall report before the respondent Police on every Saturday at 10.00 am., until further orders;
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(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners 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 petitioners 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 abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 22/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
GNS 4/5
TO 1 THE JUDICIAL MAGISTRATE ARANTHANGI, PUDUKKOTTAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE INSPECTOR OF POLICE K.PUDUPATTI POLICE STATION PUDUKKOTTAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10088 of 2024 Date :22/07/2024 SS/VR/SAR- /05/08/2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5