The High Court of Judicature at Madras granted anticipatory bail to the petitioner in a criminal case involving allegations of forgery and property grabbing under Sections 423, 465, 467, and 471 IPC and relevant Tamil Nadu Registration Act sections.
Anticipatory bail released conditionally with a bond of Rs. 10,000/- and two sureties for similar sums.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.No.467 of 2022
B.Vengatapathi
Vs.
State represented by The Sub-Inspector of Police District Crime Branch(land Grabbing Special Officer of the Superintendent of Cell) Villupuram Police, Villupuram District. Crime No.49 of 2021 ... Respondent
Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest by the respondent police in Cr.No.49 of 2021 on the file of the respondent police.
For Petitioner : Mr.M.Elumalai
For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)
ORDER
(This case has been heard through video conference)
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 423, 465, 467, 471 of the Indian Penal Code and Sec. 81 & 82(a) of the Tamil Nadu Registration Act, 1908, in Crime No.49 of 2021, on the file of the respondent police, seeks anticipatory bail.
6.Accordingly, the petitioner are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate, Ginji 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] the petitioner and 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 pass Book to ensure their identity;
[b] the petitioner shall report 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 Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions has been imposed and the petitioner is 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;
[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;
-sd/-
11/01/2022
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE JUDICIAL MAGISTRATE, GINJI, VILLUPURAM DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION]
3 THE SUB INSPECTOR OF POLICE, DISTRICT CRIME BRANCH (LAND GRABBING SPECIAL OFFICER OF THE SUPERINTENDENT OF CELL), VILLUPURAM POLICE,VILLUPURAM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S. S.AYYATHURAI Advocate on payment of necessary charges SR.No.644
CSK 20/01/2022
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest for offences related to forgery and grabbing property.
Whether conditions are necessary for the grant of anticipatory bail to ensure investigation and trial顺利进行.
Colour shows how this judgement treated each authority
P.K. Shaji Vs. State of KeralaExplained¶25
P.K. Shaji Vs. State of Kerala [(2005) AIR SCW 5560] · Who else cites this
1 provisions across 1 enactments
B. Vengatapathi
State
T.V.Thamilselvi
As recorded by the court registry
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