The court has the discretion to grant anticipatory bail to the petitioner if the court is satisfied that the petitioner is not likely to commit any offence while on bail.

Crl.OP.No.32314 of 2022

Crl.OP.No.32314 of 2022

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offence under

Sections 419, 465, 467, 468, 471 r/w 34 of IPC in Cr.No.122 of 2021 on the

file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the accused tried to grab the

property belongs to the wife of the defacto complainant by way of

impersonation and creation of fake documents. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that

the petitioner has not committed any such offence as alleged by the

prosecution and due to political vengeance, he has been falsely roped in, in

this case. He would also submit that he is neither involved in any creation of

fake document nor stood as witness to any of the document. Anyhow, the

property has been handed over to the defacto complainant after cancelling the

alleged sale deed and he is in possession of the property. He also submits that

the co-accused were already released on bail by this Court vide order dated

25.08.2011 in Crl.OP.No.14927 of 2021. Hence, the learned counsel prays to

grant anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl.Side) would submit that the

wife of the defacto complainant is the owner of the property viz., vacant land

measuring an extent of 2400 sq.ft situated in S.No.83/3 and 121/2 Mankali

Neediman Nagar, 5^th Street, Plot No.51 Kolathur Village, Ayanavaram Taluk.

The accused in collusion with each other tried to grab the said property and

A1 impersonated the defacto complainant and created power of attorney in

favour of A2, who in turn sold the property to A3 and A3 sold the property to

one Deepa. He would further submit that the petitioner is the main person

behind the entire crime and only created fake documents through others and

he only arranged the impersonator. He admits the alleged sale deed said to be

executed in favour of one Siva Kumar. As per the order passed by this Court

dated 25.08.2021 in Crl.OP.No.14927 of 2021, fake power of attorney and

sale deed were cancelled on 07.09.2021. He also submits that the subject

issue with regard to 2400 sq.ft of the property belongs to the defacto

complainant's family, now restored. He would further submit that

investigation was completed. Hence, he would vehemently oppose to grant

anticipatory bail to the petitioner.

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Crl.OP.No.32314 of 2022

5.Taking into consideration the facts and the submissions made by both

counsel and also taking note of the fact that the alleged power of attorney and

sale deed were cancelled, this Court is inclined to grant anticipatory bail to

the petitioner.

6. Accordingly, the petitioner is directed to be released on bail in the

event of arrest or on her appearance, within a period of fifteen days from the

date on which the order copy made ready, before the learned Judicial

Magistrate, CCB Court, Egmore 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, failing which, the petition for anticipatory bail shall

stand dismissed 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;

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Crl.OP.No.32314 of 2022

(b)the petitioner shall report before the respondent

police on every Saturday at 10.30 a.m., for a period of two

months;

(c)the petitioner shall not tamper with evidence or witne