High Court · 2025

CRL OP(MD). Nos.21467 & 21482 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 06/01/2025PRESENTThe HONOURABLE MR. JUSTICE N.ANAND VENKATESHCRL OP(MD). Nos.21467 & 21482 of 2024Ramalakshmi, ... Petitioner/Accused Unkownin Crime No.21467 of 2024Ramasamy, ... Petitioner/Accused Unkownin Crime No.21482 of 2024 VsThe State of Tamil Nadu,,Rep. by the Inspector of Police,City Crime Branch,Madurai, Madurai District.Crime No. 22 of 2023. ... Respondent/Complainant in both petitionsIn Both Petitions For Petitioners : Mr.Deepak C, Advocate. For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS COMMON PRAYER :- For Anticipatory Bail in Crime No. 22 of 2023 on the file of the respondent Police.COMMON ORDER : The Court made the following common order :- The petitioners / Accused, who apprehend arrest at the hands of therespondent Police for the offences under Sections 416, 465, 467, 468 and 471 of IPC in1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). Nos.21467 & 21482 of 2024Crime No.22 of 2023 on the file of the respondent Police, seek anticipatory bail.2. The case of the prosecution is that the defacto complainant is the owner of theproperty and without his knowledge, Accused No.8, who is the mother of the defactocomplainant executed a power of attorney in favour of Accused No.6. Based on thispower of attorney document, Accused No.6 received all the original documents andthe same was handed over to Accused No.1. Accused No.1 taking advantage of thesame, executed a sale deed in favour of Accused No.3, who is the mother of AccusedNo.1. Accused No.3 in-turn executed a sale deed in favour of Accused No.4.Accused No.7 has been roped in as accused, since he is the husband of Accused No.6.3. When the matter came up for hearing on 09.12.2024, this Court passed thefollowing order:In Crl.O.P.(MD).No.21467 of 2024“The petitioner has filed this anticipatory bail petition on the ground that asummon has been issued by the Police for her appearance.2. The learned Government Advocate (Criminal Side) submitted that onlysummon was issued to the petitioner to attend for the enquiry and the presentanticipatory bail petition has been filed before this Court. 3. The learned counsel appearing for the petitioner submitted that the petitioneris willing to attend the enquiry. But, however, this anticipatory bail petition was filed,2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). Nos.21467 & 21482 of 2024since there is an apprehension of arrest. 4. The petitioner shall appear before the respondent Police on 11.12.2024 at11.30 a.m. The respondent Police shall record the statement of the petitioner and asand when required to attend for the enquiry, the petitioner will attend the enquiry. 5. Registry is directed to post this case on 06.01.2025. Till then, the respondentPolice will not resort to any arrest.”In Crl.O.P.(MD).No.21482 of 2024“The petitioner has filed this anticipatory bail petition on the ground that asummon has been issued by the Police for his appearance.2. The learned Government Advocate (Criminal Side) submitted that onlysummon was issued to the petitioner to attend for the enquiry and the presentanticipatory bail petition has been filed before this Court. 3. The learned counsel appearing for the petitioner submitted that the petitioneris willing to attend the enquiry. But, however, this anticipatory bail petition wasfiled, since there is an apprehension of arrest. 4. The petitioner shall appear before the respondent Police on 11.12.2024 at11.30 a.m. The respondent Police shall record the statement of the petitioner and asand when required to attend for the enquiry, the petitioner will attend the enquiry. 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). Nos.21467 & 21482 of 2024 5. Registry is directed to post this case on 06.01.2025. Till then, the respondentPolice will not resort to any arrest.” 4. When the matter was taken up for hearing today, it was brought to the noticeof this Court that the petitioners attended enquiry before the respondent Police andtheir statements were also recorded.5. Taking into consideration the facts and circumstances of the case and the rolethat has been assigned to the petitioners and also considering the fact that thepetitioners have attended enquiry before the respondent Police, this Court is inclinedto grant anticipatory bail to the petitioners subject to the following conditions.6. Accordingly, the petitioners are ordered to be released on anticipatory bail inthe event of arrest or on their appearance, within a period of fifteen days from thedate of receipt of a copy of this order, before the learned Judicial MagistrateNo.I, Madurai, on condition that the petitioners shall execute a bond for a sum ofRs.10,000/- (Rupees ten thousand only) each with two sureties, each for a like sum tothe satisfaction of the respondent police or the police officer who intends to arrest orto the satisfaction of the said Magistrate, on further condition that:[a] if the petitioners fail to surrender before the said Magistrate within a periodof fifteen days, this order shall stand automatically cancelled.4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). Nos.21467 & 21482 of 2024[b] the petitioners shall report before the respondent police as and whenrequired for interrogation;[c] the petitioners shall not tamper with evidence or witness either duringinvestigation 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/ TrialCourt is entitled to take appropriate action against the petitioners in accordance withlaw as if the conditions have been imposed and the petitioner released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Courtin P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;[f] if the accused thereafter absconds, a fresh FIR can be registered underSection 269 of BNS, 2023. sd/- 06/01/2025 / TRUE COPY / / 01 /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023. TSGTO1 THE JUDICIAL MAGISTRATE NO.I, MADURAI.5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). Nos.21467 & 21482 of 20242 DO-THROUGHTHE CHIEF JUDICIAL MAGISTRATE, MADURAI.3 THE INSPECTOR OF POLICE,CITY CRIME BRANCH,MADURAI, MADURAI DISTRICT.4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.C.DEEPAK, Advocate ( SR-108[I] dated 06/01/2025 )+1 CC to M/s.C.DEEPAK, Advocate ( SR-109[I] dated 06/01/2025 ) ORDER IN CRL OP(MD). Nos.21467 & 21482 of 2024 Date :06/01/2025PSP/ SKN /SAR /21.01.2025/ 6P/ 7CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20236/6