Gowtham v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH
1. Gowtham
2. Saravanavelan
3. Kousalya ... Petitioners/Accused A2 to A4 Vs The State of Tamil Nadu, Rep.By, the Inspector of Police, District Crime Branch, Trichy.
(Crime No.15/2022).
... Respondent/Complainant For Petitioner : M/s.Thenrajan.K, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5
PRAYER :-For Anticipatory Bail in Crime No.15 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 420, 423, 465, 467, 468, 471 and 506(ii) IPC in Crime No.15 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the subject property was originally owned by the uncle of the defacto complainant. He died in the year 2009 leaving behind the legal heirs. One such legal heir was one Vellaiammal. The accused persons obtained legal heirship certificate by not showing Vellaiammal as the legal heir. Based on the same, A1 and A3 are said to have executed a sale deed in favour of A5 and A6.
3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent police.
4. Taking into consideration the facts and circumstances of the case and considering the fact that a civil dispute is involved in this case, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition is ordered and the petitioners are ordered to be released on anticipatory bail in the event of 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 2/5
No.III, Tiruchirapalli, 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 said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] 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. [c] the petitioners shall report before the respondent police as and when required for interrogation.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[e] the petitioners shall not abscond either during investigation or trial; [f] 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; 3/5
[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 13/11/2024 (*)AMENDED AS PER ORDER OF THE COURT DATED 27/11/2024 in CRL MP(MD).12793 of 2024 in CRL OP(MD).19602 of 2024.
/ TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO TO BE SUBSTITUTED WITH THE ORDER DATED 13/11/2024 ALREADY DESPATCHED.
1 THE JUDICIAL MAGISTRATE NO.I, TRICHIRAPPALLI.
2 THE JUDICIAL MAGISTRATE NO.III, TRICHIRAPPALLI.
3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHIRAPPALLI DISTRICT.
4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TRICHY.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
+1 CC to M/s.K.THENRAJAN, Advocate ( SR-14601[I] dated 27/11/2024 )
ORDER
IN CRL OP(MD) No.19602 of 2024 Date :13/11/2024 SA/SAR. /15.11.2024/5P/9C PNM SS/GSV/SAR- /10/12/2024/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5