CRL OP/34905/2019 of ANTHIRIYAS Vs THE INSPECTOR OF POLICE on 30 December 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )Monday, the Thirtieth day of December Two Thousand NineteenPRESENT

The Hon`ble Mr Justice M. NIRMAL KUMARCRIMINAL ORIGINAL PETITION No.34905 of 2019

1 ANTHIRIYAS [ PETITIONERS / ACCUSED ]

2 CHARLES

3 MARAM SOWRI @ SOWRI

Vs

THE INSPECTOR OF POLICE [ RESPONDENT ]CHEYYUR POLICE STATION, KANCHIPURAMCR.NO.81/2015

For Petitioner : M/S.N.SRIDHAR Advocate

For Respondent : MR. C.RAGHAVAN, Govt. Advocate ( Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of therespondent police for the offences publishable under Sections 423,424, 464, 465, 468, 420 of IPC read with 149 of IPC in Crime No.81 of2015 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the 1[st] petitioner createdforged settlement deed in favour of the 2[nd] petitioner and with thehelp of the said forged settlement deed, the accused persons changedthe revenue records like Patta, Chitta and also sold the property tothe 3[rd] petitioner and thereby cheated the defacto complainant. Hence,the complaint.

3. The learned counsel for the petitioners submitted that it isthe case of the year 2015 and there is a civil dispute pendingbetween the defacto complainant and the petitioners. Hence, he soughtfor grant of anticipatory bail to the petitioners.

4. Heard the learned Government Advocate (Crl. Side) appearingfor the respondent police.

5. Considering the fact that it is the case of the year 2015 andconsidering the age of the 1[st] and 3[rd] petitioners i.e. 84 years and79 years respectively, custodial interrogation of the petitioners isnot necessary and this Court is inclined to grant anticipatory bailhttps://hcservices.ecourts.gov.in/hcservices/

to the petitioners subject to the following conditions;

6. Accordingly, the petitioners are ordered to be released onbail in the event of arrest or on their appearance, within a periodof fifteen days from the date on which the order copy made ready,before the learned Judicial Magistrate, Madhurantakam, on conditionthat the petitioners shall execute a separate bond for a sum ofRs.10,000/- (Rupees Ten Thousand only) with two sureties, each for alike sum to the satisfaction of the respondent police or the policeofficer who intends to arrest or to the satisfaction of the learnedMagistrate concerned, failing which, the petition for anticipatorybail shall stand dismissed and on further condition that:

[a] the petitioners and the sureties shall affix theirphotographs and Left Thumb Impression in the surety bond and theMagistrate may obtain a copy of their Aadhar card or Bank pass Bookto ensure their identity.

[b] the petitioners shall report before the respondent police asand when required for interrogation.

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

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

[e] On breach of any of the aforesaid conditions, the learnedMagistrate / Trial Court is entitled to take appropriate actionagainst the petitioners in accordance with law as if the conditionshave been imposed and the petitioners released on bail by the learnedMagistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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

-sd/-

30/12/2019

This order, on being produced, be punctually observed and carriedinto execution by all concerned TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.)

High Court, Madras - 600 104.

TO

1 THE JUDICIAL MAGISTRATE,https://hcservices.ecourts.gov.in/hcservices/MADHURANTAKAM

2 THE CHIEF JUDICIAL MAGISTRATE

CHENGALPATTU[FOR INFORMATION]

3 THE PUBLIC PROSECUTORHIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICECHEYYUR POLICE STATION, KANCHIPURAM

+1 CC to M/S.N.SRIDHAR Advocate on payment of necessary chargesSR.NO. 72

CRL OP.34905/2019

Date :30/12/2019

RD 06/01/2020