K. Santhosh Kumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY K.Santhosh Kumar, ... Petitioner / Accused No.6 Vs The State of Tamil Nadu, Represented by the Inspector of Police, District Crime Branch, Trichy District.

(Crime No.70 of 2024) ... Respondent/Complainant For Petitioner : M/s.R.Rajaraman Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor (Criminal Side) For Intervenor : Mr.Alagesan 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.70/2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.6, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, 467, 468 and 120-B of IPC, in Crime No.70 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the other accused created forged documents intended to be registered before the de-facto complainant. Hence, the complaint.

3. Heard the learned counsel for the petitioner, the learned counsel for the intervenor and the learned Additional Public Prosecutor (Crl. Side), and perused the material records of the case.

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4. The learned counsel appearing on behalf of the intervenor opposes the application.

5. Considering the nature of the allegations in this case that the Sub-Registrar has given a complaint as if the petitioners have registered a case with reference to the third party's property and considering the argument of the learned counsel for the petitioner that A2 is the decree holder in this case and this petitioner has purchased the same from A2 and already the judgment and decree having been confirmed up to the stage of the second appeal, I'm of the view that in this case the petitioner can be enlarged on anticipatory bail with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.VI, Trichy, on condition that the petitioner 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:

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(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 the 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]; and 4/6

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

sd/- 21/10/2024 / TRUE COPY / /11 /2024 Sub-Assistant Registrar ( CS-I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO

1. The Judicial Magistrate No.VI, Trichy.

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.

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+1 CC to M/s.R.RAJARAMAN, Advocate ( SR-12858[I] dated 22/10/2024 )

ORDER

IN CRL OP(MD) No.18055 of 2024 Date : 21.10.2024 SI/ MMS/ / -(14.11.2024) 6P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6