Amirtharaj v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Amirtharaj ... Petitioner/Accused No.13 Vs The State of Tamilnadu, Rep. by the Inspector of Police, DCB Tenkasi Police Station, Tenkasi District.

(Crime No. 8/2024.) ... Respondent/Complainant For Petitioner :

Mr.S.Srikanth, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervenor :

Mr.K.Dinesh, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 8 of 2024 on the file of the Respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/A13, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 408, 417, 418, 420, 423, 463 and 120B of IPC in Crime No.8 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that A1 to A15 conspired together to forge the director's signature and the company's seal and sell them to A14 and A15. The allegation against the petitioner is that he assisted the accused in creating forged documents in Document No.1318 of 2022.

3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature of allegations in this case that the petitioner assisted in A14 and A15 purchasing the document and that A14 and A15 are only subsequent purchasers and that they have also executed release deeds against in favour of the company and that they are being released on anticipatory bail, this Court is inclined to enlarge the petitioner on anticipatory bail, with certain conditions:

5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which 2/5

the order copy made ready, before the learned Judicial Magistrate No.I, Tirunelveli, 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 three 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. [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]. 3/5

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 28/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI To 1.The Judicial Magistrate No.I, Tirunelveli.

2.Do through the Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, DBC Tenkasi Police Station, Tenkasi District.

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

+1 CC to M/s.S.SRIKANTH, Advocate ( SR-13376[I] dated 29/10/2024 )

ORDER

IN CRL OP(MD) No.17913 of 2024 Date :28/10/2024 4/5

ED/ SKN /SAR- (12/11/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5