Kalaiselvan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI KALAISELVAN ... PETITIONER/ACCUSED NO.2 Vs THE INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT.

CR.NO.531/2023 ... RESPONDENT/COMPLAINANT For Petitioner : MR.MAYILVAHANA RAJENDRAN.C Advocate For Respondent : MR.SS.MADHAVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO. 531/2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 465, 467 and 468 of IPC, in Crime No.531 1/5

of 2023, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that A1 created a power of attorney as if he is the owner of the property belongs to the de-facto complainant company and thereafter, entered into a sale agreement with the petitioner. Thereby, the respondent police registered a case against the petitioner. 3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that he had a sale agreement with A1 and thereafter he came to know that A1 is not the owner of the property. However, on instructions, he further submitted that the petitioner undertakes that he will not entering into the sale agreement or any sale deed with A1 or any other person in future.

Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor submitted that investigation is pending. However, he strongly opposed to grant anticipatory bail to the petitioner. 5.

facts that the petitioner had entered into the sale agreement with A1, who is not the owner of the property and now the petitioner also undertakes that he will not entering into any sale agreement with any other person with regard to the de-facto complainant company property, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, this Criminal Original Petition is ordered and 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Radhapuram, 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 and on further condition that:

(a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank 3/5

pass Book to ensure their identity;

(c)the petitioner shall report before the respondent as and when required for interrogation;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner 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 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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 08/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( CS-I/ II/ III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 4/5

TO 1.THE JUDICIAL MAGISTRATE, RADHAPURAM, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3.THE INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.C.MAYIL VAHANA RAJENDRAN, Advocate ( SR-416[I] dated 09/01/2024 )

ORDER

IN Date :08/01/2024 RK/VR(10/01/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5