The court can grant bail to the petitioner, subject to certain conditions, even if the investigation is at the initial stage.

CRL OP(MD). No.734 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 11/01/2023

PRESENT

The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA

CRL OP(MD). No.734 of 2023

S.Arumuga Nainer ... Petitioner/Accused No.2

Vs

The State Rep. by,

The Inspector of Police,

Tirunelveli EOW Police Station,

Tirunelveli District.

Crime No.4 of 2022.

... Respondent/Complainant

For Petitioner : M/s.Mohan Gandhi S.M.,

Advocate.

For Respondent : Mr.T.Senthilkumar,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-

For Bail in Crime No.4 of 2022 on the file of the Respondent

Police.

ORDER : The Court made the following order :-

The petitioner/A2, who was arrested and remanded to judicial

custody on 09.12.2022 for the offences punishable under Sections

408, 409, 463, 467, 468, 471, 420 and 120(b) of IPC in Crime No.4 of

2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the land situated in

S.No.853/1 belonged to State Bank of India, Employees Co-operative

Society. The plots in this land can only be sold to the SBI

employees. However, A1 prepared forged documents and sold the same

to the petitioner herein. Since the petitioner is not an employee of

SBI and due to the sale of plots to A2 by A1, complaint was lodged

by the Deputy Registrar (Housing), Tirunelveli and the respondent

police registered the above said offences.

3.The learned counsel appearing for the petitioner would submit

that the petitioner is a senior citizen and he is an innocent person

and he has been falsely implicated in this case. He would further

submit that during his employment at State Bank of India, he was

inducted as a Co-operative Society Member, based on which, allotment

was given to him during the year 2003 and the petitioner was in

possession of the property from 2003 and later, he has sold the

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

CRL OP(MD). No.734 of 2023

property to a subsequent purchaser. There is no illegality in the

sale. However, based on a false complaint, as if the petitioner was

not an employee, a case has been registered and he has been arrested

on 09.12.2022. He would further submit that the entire prosecution

case is borne out by records and there is no requirement for further

custody of the petitioner and thereby, he would seek for bail.

4.The learned counsel for the petitioner would further submit

that this is the second application for bail and the earlier

application was dismissed by this Court in Crl.O.P.(MD)No.23325 of

2022, on 28.12.2022 stating that the investigation is at the initial

stage.

5.The learned Additional Public Prosecutor appearing for the

respondent would submit that the petitioner, who was not an employee

of the State Bank of India, by fabrication of documents with the

help of A1, got membership in the State Bank of India, Employees Co-

operative Society, based on which, he has got allotment of a plot

and thereby, they have caused loss to the society and he would

oppose for grant of bail.

5.At this juncture, the learned counsel for the petitioner

would submit that without prejudice to his defence, is ready and

willing to file an affidavit of undertaking before the learned

Magistrate stating that he will not encumber the property in future.

6.Heard. Perused the materials available on record including

the First Information Report.

7.Taking into consideration of the facts and submissions made

by the learned counsels and also taking into consideration the

period of incarceration, this court is inclined to grant bail to the

petitioner , subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on

bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees

Ten Thousand only) with two sureties each for a like sum