Muthukrishnan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/12/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Muthukrishnan ... Petitioner/Accused No.5 Vs State Represented by, The Inspector of Police, District Crime Branch, Anti Land Grabbing Special Cell, Thoothukudi, Thoothukudi District.
Crime No. 61 of 2014. ... Respondent/Complainant For Petitioner : Mr.A.Thiruvadi Kumar, Advocate.
For Respondent : Mr.K. Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.61 of 2014 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner, who is arrayed as A5, apprehending arrest at the hands of the respondent police for the offences punishable under sections 120-B, 465, 466, 471 and 421 of IPC, in Crime No.61 of 2014 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the first and second accused were said to have created false patta in favour of A3 and thereafter, A3 sold the property in favour of A4 in this case and subsequently, A4 had executed a General Power of Attorney in favour of A6. Hence, the present complaint.
3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.
4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed 1/3
any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the first and second accused have already been granted anticipatory bail by this Court in Crl.O.P.(MD) No.6712 of 2020, dated 27.07.2020 and the third and fourth accused were already released on bail. Hence, he seek anticipatory bail.
5.The learned Government Advocate (Crl. Side), appearing for the respondent police submitted that the first and second accused were said to have created false patta in favour of A3 and thereafter, A3 sold the property in favour of A4 in this case and subsequently, A4 had executed a General Power of Attorney in favour of A6. Hence, the crime has been registered.
6.Considering the facts and circumstances of the case and also considering the fact that only A4 had executed General Power of Attorney in favour of A6 and A1 and A2 have granted anticipatory bail and A3 and A4 have already been arrested and released on bail. Considering the above circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate (Special Court for Land Grabbing cases), Thoothukudi, 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 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 2/3
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/petitioner thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 09/12/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, (SPECIAL COURT FOR LAND GRABBING CASES), THOOTHUKUDI 2.DO THROUGH THE CHEIF JUDICIAL MAGISTRATE, THOOTHUKUDI.
3.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, ANTI LAND GRABBING SPECIAL CELL, THOOTHUKUDI, THOOTHUKUDI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.14350 of 2020 Date :09/12/2020 VSG PK/SMA/SAR-II/22.12.2020 : 3P/5C 3/3