Kasthuri v. The State Of Tamil Nadu Rep By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Kasthuri

2. Selvaragavan ... Petitioners/Accused No.14 & 15 Vs The State of Tamil Nadu Rep, By Its, 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 SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.8/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners/A14 and A15, who apprehend arrest at the hands of the 1/5

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, seek anticipatory bail.

2.The case of the prosecution is that the petitioners along with A1 to A13 conspired together to forge the director's signature and the company's seal and sell them to the petitioners. The other accused sold the property to the petitioners comprised the property in S.Nos.250/1 and 2 vide Document No.1319 of 2022. 3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature of allegations against the petitioners that the company's property has been wrongfully sold by the other accused and these petitioners being the purchasers and considering the unequivocal submission made by the learned counsel for the petitioners that being the purchasers, they have already presented the release deeds before the appropriate Sub Registrar for registration and that they are not claiming any right, title or interest whatsoever in respect of the property purchased and a copy of the document being produced before this Court in Document Nos.1318 and 1319 of 2022, I am inclined to enlarge the petitioners on anticipatory bail, with certain conditions:

5.Accordingly, the petitioners are ordered to be released on bail in the event of 2/5

arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.1, Tirunelveli, on condition that the petitioners shall execute 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 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 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 two weeks and thereafter, as and when required for 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 3/5

in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [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, TENKASI DISTRICT. 3 THE INSPECTOR OF POLICE, DCB TENKASI POLICE STATION, TENKASI DISTRICT.

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

+1. CC to S.SRIKANTH. Advocate SR.No.13377(I) dated 29/10/2024 4/5

ORDER

IN CRL OP(MD) No.18565 of 2024 Date :28/10/2024 PSP/ GSV /SAR /25.11.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5