Dinesh Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.03.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD)No.14200 of 2022 Dinesh Kumar ... Petitioner/Accused No.3 Vs The State represented by The Inspector of Police, District Crime Branch, Sivagangai, Sivagangai District.

(Crime No.24 of 2022) ... Respondent/Complainant For Petitioner : Mr.R.Karunanidhi For Respondent : Mr.B.Thanga Aravindh, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.24 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, 467, 468, 471, 120-B IPC in Crime No.24 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused created an unregistered forged document in respect of land belong to the defacto complainant, as if one Sarkarai Peer and one Hakkim are having equal share in the land and the petitioner has signed as witness in the said document. Hence, the case. 3.Heard and perused the materials available in the records. 4.It is a case of civil dispute between the parties. Earlier, for the very same set of allegations, a complaint was given and FIR was also registered in Cr.No.20 of 2022 pending on the file of the District Crime Branch, Madurai. That apart, there was a suit also

initiated in this regard, in 128 of 2016 on the file of the 4th Additional District Court, Madurai and the same was dismissed. Therefore, custodial interrogation of the petitioner does not require.

5.Considering the above facts and circumstances of the case, 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 or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court No.2, Sivagangai 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 A.M., for a period of two weeks 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 10/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II SIVAGANGAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI.

3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANH, SIVAGANGAI, SIVAGANGAI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.KARUNANIDHI R Advocate SR.No.14858(F)

ORDER

IN CRL OP(MD) No.14200 of 2022 Date :10/03/2023 SS/CG/SAR I/21/03/2023/3P/6C