M.Dinesh Kumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY M.Dinesh Kumar, ... Petitioner/Accused No.7 Vs The State of Tamil Nadu, The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.
Crime No.156/2024.
... Respondent/Complainant For Petitioner : Mr.K.Dinesh, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 156 of 2024 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/A7, who was arrested and remanded to judicial custody on 09.08.2024 for the offences punishable under Sections 120B, 420, 467, 468, 469 and 471 of IPC, in Crime No.156 of 2024 on the file of the respondent police, seeks bail. 1/4
2.The case of the prosecution is that the defacto complainant is working as Sub Registrar, Sivakasi Sub Register Office. When the gift deed document property worth about Rs.52,13,615/- was presented for registration, he found that the petitioner and the other accused colluded together, tried to register a property fraudulently by forging and creating the documents. Hence, the complaint. 3.Heard both sides.
4. Considering the nature of the allegations against the petitioner that the petitioner was involved in forging the documents and the government seals and other materials were found in his Xerox shop and considering the fact that the petitioner was arrested on 09.08.2024 and also considering the argument of the learned counsel for the petitioner that in view of the repeated allegations against the petitioner, he would also switch his avocation and not be willing to continue the Xerox Shop, this Court is inclined to grant bail to the petitioner on certain conditions. 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 Judicial Magistrate Court No.1, Sivakasi.
(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 2/4
card or Bank Pass Book to ensure their identity; (ii) as undertaken, the petitioner shall file an affidavit before the trial Court that he will not continue the Xerox Shop in future and he will change his avocation; (iii)the petitioner 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; (iv)the petitioner shall not tamper with evidence or witness; v)the petitioner shall not abscond during trial. vi)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]. vii)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 06/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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DSS TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAKASI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR.
4 THE INSPECTOR OF POLICE, SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.DINESH, Advocate ( SR-10998[I] dated 06/09/2024 ) ORDER IN CRL OP(MD) No.15017 of 2024 Date :06/09/2024 SA/SAR. /06.09.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4