Senthil Kumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Senthil Kumar, 2.Priya,

...Petitioners/Accused 1 & 2

Vs The State of Tamilnadu, Represented by, The Inspector of Police, CCB-III, Madurai District.

(Crime No.47 of 2024) ... Respondent / Complainant For Petitioners: Mr.K.Prabhu, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 47 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners / Accused 1 & 2, who were arrested and remanded to judicial custody on 08.11.2024 for the alleged offence under Sections 406 and 420 of IPC, in Crime No.47 of 2024, on the file of the respondent police, seek bail.

2. The case of the prosecution is that A1 and A2 were negotiating with the defacto complainant for the sale of a property which was actually a Government 1/4

poromboke land. They entered into a sale agreement. A3 is said to have given an assurance that he will get the Government land converted into a patta land. A3 had received a total sum of Rs.23 lakhs from the defacto complainant. There are totally 4 accused persons in this case and the petitioners have been arrayed as A1 and A2.

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 entire case is borne out by records and the petitioners have suffered incarceration from 08.11.2024 and A3 and A4 have already been granted anticipatory bail by this Court in Crl.OP(MD).Nos.19643 and 19760 of 2024 by orders dated 14.11.2024 and 15.11.2024 respectively and considering the fact that there are no previous antecedents against the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions:

5. Accordingly, the petitioners are ordered to be released on bail on their executing 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 learned Judicial Magistrate No.I, Madurai, and on further conditions that:- [a] 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 2/4

Book to ensure their identity.

[b] the 1st petitioner shall report before the respondent police daily at 10.30 a.m. for a period of 2 weeks and thereafter as and when required and the 2nd petitioner shall appear before the respondent police 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 absconds, a fresh FIR can be registered under Section 269 of BNS, 2023 sd/- 10/12/2024 / TRUE COPY / 10 /12 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

PAL 3/4

TO 1 THE JUDICIAL MAGISTRATE, NO.I, MADURAI.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, CCB-III, MADURAI DISTRICT. 4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 5 THE OFFICER INCHARGE, WOMEN PRISON, MADURAI.

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

+1 CC to M/s.K.PRABHU, Advocate ( SR-15180[I] dated 10/12/2024 )

ORDER

IN CRL OP(MD) No.21705 of 2024 Date :10/12/2024 PSP/ /SAR /10.12.2024/ 4P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4