Kalaiselvam v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Kalaiselvam 2.Ganesan 3.Solaimalai ... Petitioners/Accused Nos.4,5 & 7 Vs The Inspector of Police, District Crime Branch (DCB), Trichy, Trichy District.

Crime No.73 of 2024 ... Respondent/Complainant For Petitioners :

Mr.A.Joel Paul Antony, Advocate For Respondent :

Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.73 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- 1/4

The petitioners/accused Nos.4, 5 and 7, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 363, 323, 506(2), 420, 467, 468 and 34 of IPC in Crime No.73 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that a fraudulent sale agreement was executed in the year 2010 with an intention to grab the property belonging to the defacto complainant. Thereafter, the defacto complainant was also kidnapped, assaulted and threatened to execute the sale deed in favour of the first accused. 3.Heard the learned appearing for the petitioners. 4.The learned Government Advocate (Criminal Side) appearing for the respondent Police submits that there are totally 9 accused persons in this case. The petitioners have been arrayed as Accused Nos.4, 5 and 7 and the Accused Nos.1 to 3, 6 and 8 were already granted anticipatory bail by this Court. 5.Taking into consideration the facts and circumstances of the case and also considering the fact that the Accused Nos.1 to 3, 6 and 8 were already granted anticipatory bail by this Court in Crl.O.P.(MD)No.18611 of 2024 by an order dated 28.10.2024, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions.

6.Accordingly, the petitioners are ordered to be released on anticipatory bail in 2/4

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 Court, Manapparai, Trichy District 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 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 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; 3/4

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

sd/- 25/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ta TO 1 THE JUDICIAL MAGISTRATE, MANAPPARAI, TRICHY DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH (DCB), TRICHY, TRICHY DISTRICT.

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

+1 CC to M/s.A.JOEL PAUL ANTONY, Advocate ( SR-14565[I] dated 27/11/2024 )

ORDER

IN CRL OP(MD) No.20449 of 2024 Date :25/11/2024 RS/VR/SAR-(05.12.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4