CRL OP(MD)/23318/2022 of M.Sasikumar Vs The Inspector of Police on 28 December 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 28/12/2022PRESENT

The Hon`ble Ms.Justice R.N.MANJULA

CRL OP(MD). No.23318 of 2022

M.Sasikumar... Petitioner/1[st] AccusedVs The State rep.byThe Inspector of Police,District Crime Branch, Karur,Karur District. Crime No.34 of 2022. ... Respondent/Complainant For Petitioner : M/s.S.Gokulraj, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

PRAYER :- For Anticipatory Bail in Crime No.34 of 2022 on the fileof the Respondent Police.ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of therespondent police for the offences punishable under Sections 120(B),420, 465, 468 and 506(i) IPC in Crime No.34 of 2022 on the file ofthe respondent police, seek anticipatory bail.

2.The case of the prosecution as per the defacto Complainant,is that he has given a property to A1 in S.F.No.737/3 to an extentof 4.05 acre for security purpose and received the loan amount ofRs.33,00,000/-, but, A1 had sold the same to A2 and A3 and hence,the complaint.

3.The learned Counsel for the Petitioner would submit that thePetitioner is innocent and he has not committed any offence asalleged by the prosecution and his name has been falsely implicatedin this case. He further submitted that the petitioner is asubsequent purchaser and the civil suit is also pending before thePrincipal District Munsif Court, Karur in O.S.No.135 of 2022 andthereby, he seeks anticipatory bail.

4.The learned Additional Public Prosecutor appearing for thehttps://www.mhc.tn.gov.in/judisrespondent would submit that the defacto complainant had borrowed a

sum of Rs.33,00,000/- as loan from A1 after giving his property assecurity, but, A1 had sold the same to the petitioner and otheraccused and cheated the defacto complainant. He further submittedthat the investigation of the case is pending and hence, he opposesto grant anticipatory bail.

5.Heard the learned counsels. Taking into consideration thefacts and circumstances of the case and also considering the factthat it is a civil dispute between the parties, this Court isinclined to grant anticipatory bail to the petitioner with certainconditions.

6.Accordingly, the petitioner is ordered to be released on bailin the event of arrest or on his appearance, within a period offifteen days from the date on which the order copy made ready,before the Judicial Magistrate Court No.I, Karur, Karur District, oncondition that the petitioner shall execute 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 petitioner 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 petitioner shall report before the respondent policeeveryday at 10.30 a.m., until further orders.[c] the petitioner shall not tamper with evidence or witnesseither during investigation or trial.

[d] the petitioner shall not abscond either duringinvestigation or 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 thelearned Magistrate/Trial Court himself as laid down by the Hon'bleSupreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].[f] If the accused thereafter absconds, a fresh FIR can beregistered under Section 229A IPC.

sd/-

28/12/2022

29/12/2022

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRPTOTO

1 THE JUDICIAL MAGISTRATE COURT NO.I,KARUR,https://www.mhc.tn.gov.in/judis KARUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KARUR, KARUR DISTRICT.

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