V.Pappa v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. V.Pappa,
2. A.Sathish Kumar,
3. S.Vijaraj @ Sameer,
4. A.Mohammed Anwar, ... Petitioners/Accused Nos.1to4 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Thiruverambur Police Station, Thiruverambur, Trichy District.
Crime No. 351/2024.
... Respondent/Complainant For Petitioners: M/s.Appaji.C.K.M, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No.351 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/A1 to A4, who were arrested and remanded to judicial custody on 1/4
14.08.2024 for the offences punishable under Sections 336(2), 336(3) and 340(2) of the Bharathiya Nyaya Sanhita (BNS), 2023, in Crime No.351 of 2024 on the file of the respondent police, seek bail.
2.The case of the prosecution is that the defacto complainant is working as Sub Registrar, Thiruverumbur Sub Registrar Office. While registering of the documents, she found that the first petitioner is said to have impersonated as one Valli, who is the real owner of the property. On the confession of the first petitioner, other accused were also implicated in this case.
3.Heard both sides.
4.Considering the nature of the allegations against the petitioners that all the petitioners are said to have tried to impersonate the real owner of the property and the complaint itself was lodged by the Sub-Registrar, Thiruverumbur Sub Registrar Office, and considering the facts that the petitioners are in custody from 14.08.2024 and they do not have any other antecedents, this Court is inclined to grant bail to the petitioners on certain conditions.
5.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing 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 Judicial Magistrate No.VI, Trichy.
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(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 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; (iii)the petitioners shall not tamper with evidence or witness; iv)the petitioners 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 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]. vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 17/10/2024 / TRUE COPY / 17 / 10 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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DSS TO 1 THE JUDICIAL MAGISTRATE NO.VI TRICHY.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE SUPERINTENDENT, WOMEN PRISON, TRICHY.
4 THE SUPERINTENDENT CENTRAL PRISON, TRICHY.
5 THE INSPECTOR OF POLICE, THIRUVERAMBUR POLICE STATION, THIRUVERAMBUR, TRICHY DISTRICT.
6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.17550 of 2024 Date :17/10/2024 PSP/ /SAR /17.10.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4