Pandeeswari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Pandeeswari, ... Petitioner/Accused No.5 Vs State Rep.by The Inspector of Police, District Crime Branch, Madurai City (Crime No. 21 of 2020).

... Respondent/Complainant For Petitioner : M/s.Muthumohan C, Advocate.

For Respondent : Mr.E. Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 21 of 2020 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 465, 476, 468, 471, 420 and 120b IPC in Cr.No.21 of 2020, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant's wife purchased 16 plots from the petitioners, who stood as power agents for the above said lands by registered sale deed in the year 2010. The defacto complainant's relatives also purchased some of the plots. Thereafter, the defacto complainant came to know that the plots they have purchased was sold already to someone. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and she has not committed any offence as alleged by the prosecution and her name has been falsely implicated in this case.

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4.The learned Government Advocate(Crl.Side) would submit that totally 10 accused involved in this case and the petitioner herein is arrayed as A5. He further submitted that the land purchased was worth about Rs.6,40,000/- and the A3 and A4 have already been released on bail. He would further submit that the investigation of the case is pending and he strongly opposed to grant bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the fact that co-accused have already been released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.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, Special Court for Land Grabbing Cases, Madurai 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 is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of District Siddha Medical Officer CCRIPKM (Account No:-10767823177, IFSC Code:- SBIN0000898, State Bank of India, Periyakulam Branch), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties;

(b) 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;

(c)the petitioner shall report before the respondent police daily at 10.30 am until further orders.

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

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

sd/- 07/11/2022 / TRUE COPY / /11/2022 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, MADURAI.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, MADURAI CITY THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI PKM, PERIYAKULAM.

+1 CC to M/s.S.AYYANAR PREM KUMAR, Advocate (SR-12536[I] dated 07/11/2022 )

ORDER

IN CRL OP(MD) No.18919 of 2022 Date :07/11/2022 TRP PKP/SSS/SAR-2/18.11.2022/3P/7C 3/3