Alagumalai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN 1.Alagumalai 2.Pappa ... Petitioner/Accused No.1 & 2 Vs State Rep.by The Inspector of Police, District Crime Branch, Virudhunagar District.

Cr.No.31/2022.

... Respondent/Complainant For Petitioners : M/s.Ramasamy.S, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.31/2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 419, 406, 420, 465, 468 and 471 of I.P.C., in Crime No.31 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners have fabricated the general power of attorney of his grandfather and on the basis of it, they executed sale deeds and thereby, they committed the offence. Hence, the complaint.

3.Heard. Perused the materials available on record including the First Information Report.

4.It is seen that one Thavasi is the grandfather of the first petitioner herein. The first petitioner had created power of attorney in his favour, as if, the said Thavasi had executed sale deed in favour of the second accused, who is none other than the 1/3

wife of the first petitioner. After registration of the First Information Report, the first petitioner had cancelled the sale deed executed in favour of the second petitioner/A2. 5.Considering the facts and circumstances of this case, this court is inclined to grant anticipatory bail to the petitioners, with certain conditions:

6.Accordingly, the petitioners are ordered to be released on bail in the event of 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.2, Virudhunagar, 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 in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 14/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 2/3

TO 1 THE JUDICIAL MAGISTRATE NO.2, VIRUDHUNAGAR DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.S.RAMASAMY, Advocate ( SR-4193[I] dated 14/03/2023 )

ORDER

IN CRL OP(MD) No.22777 of 2022 Date :14/03/2023 RS/BUC/SAR-1(27.03.2023) 3P 6C 3/3