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S.Muniyandi v. Inspector Of Police

Madras HC14 Oct 2024CRL OP(MD)/7405/2024

Case brief

AI extract

What is this about?

In CRL OP(MD). No. 7405 of 2024, the Madurai Bench of the Madras High Court granted anticipatory bail to three petitioners facing charges of cheating and forgery related to property disputes, subject to strict conditions including reporting to police and executing a bond.

What did the court decide?

Grant of anticipatory bail with conditions: execution of bond, daily reporting for three weeks, and restrictions on tampering with evidence or absconding.

S.Muniyandi Vs Inspector Of Police — Contract and Commercial Disputes | Madras HC (2024)

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CRL OP(MD). No.7405 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 14/10/2024

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PRESENT

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The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

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CRL OP(MD). No.7405 of 2024

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S.Muniyandi

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Thangapandian 3. Muniyammal ... Petitioners/A1 to A3

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Vs The Inspector of Police, Chokkampatti Police Station, Tenkasi District. (Crime No.92 of 2024). ... Respondent/Complainant For Petitioner : Mr.Sheik Abdulla.A, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervenor : Mr.K.Dinesh

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PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.7405 of 2024

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PRAYER :-

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For Anticipatory Bail in Crime No.92 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :-

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The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420, 465, 468 and 471 of IPC, in Crime No.92 of 2024 on the file of the respondent police, seek anticipatory bail.

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2.The case of the prosecution is that a parcel of the land situated in S.No.311/12 at Boganallur Village, Tenkasi District is an undivided ancestral property of the defacto complainant as well as the petitioners. While so, with an intention to grab the entire property from the defacto complainant, the petitioners criminally conspired with one Muniyandi, Thangapandian and Muniyammal and created fabricated documents and registered the same before the Jurisdictional Sub Registrar vide document No.3318 and 3319 of 2023 in their favour.

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

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Information Report.

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.7405 of 2024

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4.Considering the nature of allegation which is made that the defacto complainant is alleging that eventhough the defacto complainant has got a share in the property by taking advantage of a survey number being mentioned in the earlier document, the petitioners are high-handedly selling the property, I am inclined to enlarge the petitioner on anticipatory bail, with certain conditions:

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5.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 Court, Tenkasi, 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:

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[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.

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CRL OP(MD). No.7405 of 2024

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[b] the petitioners shall report before the respondent Police, daily at 10.30 a.m.,

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for a period of three weeks and thereafter, as and when required for interrogation;

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[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioners shall not abscond either during investigation or trial.

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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial

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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

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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].

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[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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sd/14/10/2024 / TRUE COPY /

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/10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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SJI

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CRL OP(MD). No.7405 of 2024

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1 THE JUDICIAL MAGISTRATE, TENKASI.

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2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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3 THE INSPECTOR OF POLICE CHOKKAMPATTI POLICE STATION, TENKASI DISTRICT.

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

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+1 CC to M/s.A.SHEIK ABDULLA, Advocate ( SR-12410[I] dated 15/10/2024 )

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ORDER IN CRL OP(MD) No.7405 of 2024 Date :14/10/2024

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SS/MMS/SAR- /24/10/2024/ 5P/6C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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https://www.mhc.tn.gov.in/judis

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S.Muniyandi v. Inspector Of Police

Case brief

What is this about?

What did the court decide?

S.Muniyandi v. Inspector Of Police

Case brief

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