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Madras High CourtCRL OP(MD)/17790/2024allowed

Moha N Patel v. The State Of Tamil Nadu

2024-10-21Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). Nos.17790 and 17791 of 2024 In CRL OP(MD). No. 17790 of 2024:

Moha N Patel, S/o.Narayan K Patel ... Petitioner / Accused Rank Not Known Vs The State of Tamil Nadu Rep. by Sub-Inspector of Police, District Crime Branch, Trichy District.

(Crime No.Not Known/2024) ... Respondent/Complainant In CRL OP(MD). No. 17791 of 2024:

1. Mahendran,

2. Sangeetha, ... Petitioners / Accused Rank Not Known Vs The State of Tamil Nadu Rep. by Inspector of Police, District Crime Branch, Trichy District.

(Crime No.Not Known/2024) ... Respondent/Complainant For Petitioners : M/s.V.Chezhiyan Ganesan (in both Crl.OPs.) Advocate For Respondent : Mr.R.M.Anbunithi, (in both Crl.OPs.) Additional Public Prosecutor (Criminal Side)

For Intervenor : Mr.E.Velpradeep (in both Crl.OPs.) PETITIONS FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. COMMON PRAYER :- For Anticipatory Bail in Crime No.Not Known/2024 on the file of the respondent police.

COMMON ORDER : The Court made the following common order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420, 294(b) and 506(ii) of IPC, in Crime No.Not Known of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there is a wordy quarrel between the petitioners and the de-facto complainant. Hence, this case.

3. The learned counsel for the intervening petitioner would submit that the petitioners are habitual offenders. They have cheated several persons in the same manner. He has also produced a bunch of First Information Reports as against these petitioners.

4. Heard the learned counsel on either side, and perused the material records of the case.

5. Considering the nature of allegations in this case that the petitioners are said to have received a sum of Rs.4,00,000/- as advance for selling a property and the

property itself not belonging to them, had flashed some false documents and got the money and considering the fact that the entire amount is said to have been given as cash and there was no any written sale agreement or receipt, I am inclined to enlarge the petitioners on anticipatory bail with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court-III, Trichy, Trichy District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two common 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 petitioners 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 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 the interrogation.

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners shall not abscond either during investigation or trial; (e)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]; and (f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 21/10/2024 / TRUE COPY / / /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO 1 THE JUDICIAL MAGISTRATE-III TRICHY, TRICHY DISTRICT.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

CRL OP(MD) No.17790 of 2024 Date :21/10/2024 BV (14/11/2024) 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.