Panjavarnam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Panjavarnam,
2. S Latha,
3. A Thavamani,
4. A Maharajan,
5. M.Murugesan, ... Petitioners/Accused No. 1 to 5 Vs The Inspector of Police, Appan Thiruppathi Police Station, Madurai District.
Crime No.128 of 2024.
... Respondent/Complainant For Petitioner : M/s.Sudalaiyandi.K, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor 1/5
PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.128 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 466 and 506(i) of I.P.C., in Crime No.128 of 2024 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that there is a civil suit pending between the parties, the petitioners have obtained fraudulent pattas with the help of government officials and also disturbed the defacto complainant's possession of the property. 3.Heard. Perused the materials available on record including the First Information Report.
4.Considering the overall facts and circumstances of the case that the civil disputes are pending between the parties, I am inclined to enlarge the petitioners on anticipatory bail with certain conditions.
5.Accordingly, 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 on which 2/5
the order copy made ready, before the learned Judicial Magistrate Court No.5, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 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, daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; [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 petitioners 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]. 3/5
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 28/08/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI TO 1 THE JUDICIAL MAGISTRATE COURT NO.5, MADURAI.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE APPAN THIRUPPATHI POLICE STATION, MADURAI DISTRICT.
CRIME NO,128 OF 2024.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.SUDALAIYANDI, Advocate ( SR-10552[I] dated 29/08/2024 ) 4/5
ORDER
IN CRL OP(MD) No.13940 of 2024 Date :28/08/2024 PSP/ GS /SAR /10.09.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5