Ramkumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Ramkumar ... Petitioner / Accused No.11 Vs The State of Tamil Nadu Represented by the Inspector of Police, SS Colony Police Station, Madurai City, Madurai District.
(Crime No.1356 of 2023) ... Respondent/Complainant For Petitioner : Mr.UM.Berdin Vinodh, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No. 1356 of 2023 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for 1/5
the alleged offences under Sections 147, 417, 419, 420, 468, 471 and 506(2) of IPC, in Crime No.1356 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant has a family property at Madakulam Village, Thiruparankundram Taluk, Madurai bearing S.No.335/4 to an extent of 74 cents. The defacto complainant along with his brother went to see the land and came to know that some persons impersonated the defacto complainant and his brother executed a power of attorney deed in favour of A2 using some forged documents. Thereafter A2 executed sale deed in favour of A1 and A1 executed in favour of A3 to A5 and A3 to A5 executed in favour of A6 and he executed a sale deed in favour of A7 and thereafter A7 in favour of A8 and A8 executed sale deed in favour of A9 and A10. Thereafter A1 and A2 along with four persons measured the land and when the same was questioned by the defacto complainant they threatened with dire consequences. There are totally 12 accused persons in this case and the petitioner has been arrayed as A11.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has been arrayed as an accused on the ground that he was the attestator to the document and there are no previous cases against the 2/5
petitioner and already A1 and A3 were granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioner 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 the order copy made ready, before the learned Judicial Magistrate, Court No.V, Madurai, Madurai District, 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 appear before the respondent police 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 3/5
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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 21/11/2024 / TRUE COPY / / 12 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE, SS COLONY POLICE STATION, MADURAI CITY, MADURAI DISTRICT 4/5
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.U.M.BERDIN VINOTH, Advocate ( SR-14366[I] dated 21/11/2024 )
ORDER
IN CRL OP(MD) No.20230 of 2024 Date :21/11/2024 PSP/ VR /SAR /05.12.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5