V.R.Krishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI V.R.Krishnan ... Petitioner/Accused No.1 Vs State Rep. By The Inspector of Police, City Crime Branch, Madurai City.

Cr No.7 of 2021.

... Respondent/Complainant For Petitioner : Mr.Baskaran V, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) For Intervenor : Mr.Saravana kumar PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.7 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 506(i),341, 447, 423, 468, 471, 120(b) of IPC, in Crime No.7 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant purchased housing plot No.37, measuring 125 sq.ft through a registered sale deed dated 29.10.2010 from one Poombavai and Athiparasakthi, the alleged power agent of the second accused, through a registered power deed dated 04.11.1998. After that, the first accused had purchased the said housing plot through the third accused. Hence,the complaint.

3.When the matter is taken up for hearing, the learned counsel for the petitioner submitted that the issue has been settled between the parties.

4. The above submission is admitted by the learned Government

Advocate (Crl. Side) appearing for the respondent Police. 5.Considering the facts and circumstances of the case and also the fact that the issue has been settled between the parties, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is allowed and 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 a copy of this order, before the learned Judicial Magistrate Court No.1, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 respondent police as and when required.

[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 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 229-A IPC.

sd/- 07/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDICIAL MAGISTRATE COURT NO.I, MADURAI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3.THE INSPECTOR OF POLICE, CITY CRIME BRANCH, MADURAI CITY.

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

ORDER IN CRL OP(MD) No.14671 of 2021 Date :07/10/2021 SB/VR/SAR-III/29.10.2021/3P/5C