Kalaimani v. The State Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Kalaimani, ... Petitioner/Accused No.11 Vs The State Rep By, The Sub Inspector of Police, District Crime Branch, Sivagangai District.

Crime No.16/2024.

... Respondent/ Respondent De-jure Complainant For Petitioner : Raja.Karthikeyan, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervener : Mr.Arun Swaminathan, Advocate.

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.16/2024 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/A11, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 419, 465, 467, 468, 471, 420 and 120(b) of IPC, in Cr.No.16 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and the other accused are said to have impersonated the defaacto complainant and registered his property to the third parties by creating and forging the document. Hence, the complaint. 3.Heard both sides.

4. Considering the nature of the allegations agains the petitioner is that the petitioner being Sub Inspector of Police in South Police Station, Karaikudi at the time of occurrence, without following the due procedure, has granted the Document Missing Certificate and considering the fact that the other prime accused having been arrested in this case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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; 3/5

(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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 23/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( CS-I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 4/5

TO

1. The Judicial Magistrate No.II, Sivagangai.

2.Do-Through, The Chief Judicial Magistrate, Sivagangai.

3. The Inspector of Police, District Crime Branch, Sivagangai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.RAJA KARTHIKEYAN, Advocate ( SR-13060[I] dated 24/10/2024 )

ORDER

IN CRL OP(MD) No.15453 of 2024 Date : 23/10/2024 SI/ MMS/ / -(14.11.2024) 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5