Malaiyadiyan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Malaiyadiyan, ... Petitioner/Accused(Rank Not Known) Vs The Inspector of Police, City Crime Branch Police Station, Madurai City, Madurai District.
(Crime No.20 of 2024).
... Respondent/Complainant For Petitioner : Mr.P.Veerapandi, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.20 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 11.07.2024 for the offences punishable under Sections 419, 420, 465, 467, 468, 471, 1/5
474, 120(b) of IPC in crime No.20 of 2024 on the file of the respondent police, seeks bail.
2. The said Crime number is part of the racket which is said to have been going on with respect to the plots of Meenakshi Amman Nagar, Siruthur Village, Madurai North Taluk, Madurai. Hence, the case.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.
4. Considering the nature of allegations in this case is that all these accused conspired together and created forged document as if the original owner of the property, the defecto complainant is dead and created further documents as if there were some legal heirs and arranged the persons to impersonate and executed a document and try to knock off the property and considering the fact that the said document stands cancelled by the registrar and the petitioner is arrested and in custody from 11/7/2024 and that there are no other bad antecedents against the petitioner, I am inclined to enlarge the petitioner on bail.
5. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing 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 2/5
learned Judicial Magistrate No.I, Madurai, Madurai District. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall appear before the respondent Police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)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]. (vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 11/09/2024 / TRUE COPY / 11/09/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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TRP TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI, MADURAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE OFFICER INCHARGE, SUB JAIL, MELUR.
4 THE INSPECTOR OF POLICE, CITY CRIME BRANCH POLICE STATION, MADURAI CITY, MADURAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.P.VEERAPANDI, Advocate ( SR-11170[I] dated 11/09/2024 ) 4/5
ORDER
IN CRL OP(MD) No.14807 of 2024 Date :11/09/2024 SA/SA/SAR. /11.09.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5