M. Senthil Kumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY M.Senthil Kumar ... Petitioner/Accused Rank not known Vs.
The State rep by The Inspector of Police, Central Crime Branch, Madurai City.
(Crime No.01 of 2024) ... Respondent/Complainant For Petitioner : R.Gandhi, Senior Advocate, for M/s.Gandhi Associates, Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.01 of 2024 on the file of the Respondent Police.
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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 419, 420, 465, 467, 468, 471 and 120B of IPC, in Crime No.01 of 2024 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that due to civil dispute between the parties, a case has been registered.
3. The learned counsel for the petitioner would submit that the petitioner/Accused is an innocent person and he has been falsely implicated in this case and he is no way connected with the offence. Hence, he prays for grant of anticipatory bail to the petitioner.
4.Heard the learned Government Advocate(Crl.sdie) appearing for the State. 5.Considering the nature of the allegation in this case that in knocking away the de-facto complainant's property by creating a forged power of attorney and consequential document and considering the fact that the petitioner is only the SubRegistrar and even before the registration of the case, he himself upon suspicion sent that communication to the passport office in October 2023 itself and a reply being received in the month of December 2023, I am inclined to enlarge the petitioner on anticipatory bail.
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6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, 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 learned Judicial Magistrate No.I, Madurai, and on further conditions that:
(i)the sureties shall affix his photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of his Aadhar card or Bank Pass Book to ensure his identity; (ii)the petitioner shall report before the respondent Police, daily at 06.30 p.m for a period of one week and thereafter as and when required for interrogation and the petitioner. It is made clear that no relaxation of the condition for the said period will be entertained by this court;
(iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner 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 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]. 3/5
(vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 19/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
NS To 1.The Judicial Magistrate No.I, Madurai.
2.Do through the Chief Judicial Magistrate, Madurai District.
3.The Inspector of Police, Central Crime Branch, Madurai City.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M/S.GANDHI ASSOCIATES, Advocate ( SR-12821[I] dated 21/10/2024 )
ORDER
IN CRL OP(MD) No.17568 of 2024 Date :19/10/2024 4/5
ED/ MMS /SAR- (15/11/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5