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2023 Supreme(Online)(MAD) 33738
MADRAS HIGH COURT
A.D.JAGADISH CHANDIRA, J
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.925
(MD). No.925
The court has the discretion to grant bail to an accused person if the court is satisfied that the accused person is not likely to commit any offence while on bail and that the accused person is not likely to abscond.
Headnote:
BAIL - SECTION 439 OF CR.P.C. - [PETITIONER] - Petitioner, who was arrested and remanded to judicial custody for the offences punishable under Sections 120(B), 406, 420, 465 of IPC, seeks bail.
Fact of the Case:
A sale agreement was entered in respect of the trust property, with an extent of 12 acres and 57 cents situated at Vandiyur, Madurai District by the accused persons in favour of the defacto complainant. The sale consideration was fixed at Rs.34,92,50,000/-. An advance amount was fixed at Rs.70 lakhs and the same was paid to them. Thereafter, the accused did not come forward to register the sale deed in favour of the defacto complainant. Due to non-registration of property, the defacto complainant demanded to return the money, which was paid as advance. But, they failed to do so. Thereafter, she came to know that the property is under the control of HR & CE. Hence, the complaint.
Finding of the Court:
Considering the facts and circumstances of the case and considering the period of incarceration undergone by the petitioner and also the readiness of the petitioner to deposit title deeds, this Court is inclined to grant bail to the petitioner on certain conditions.
Issues: Whether the petitioner is entitled to be released on bail?
Ratio Decidendi: The court considered the facts and circumstances of the case, the period of incarceration undergone by the petitioner, and the readiness of the petitioner to deposit title deeds. The court found that the petitioner was entitled to be released on bail on certain conditions.
Final Decision: The petitioner was ordered to be released on bail on condition to execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Virudhunagar, and on further conditions as mentioned in the order.
CRL OP(MD). No.925 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.925 of 2023
Sathishkumaran @ Sathiskumar
... Petitioner/Accused No.2
Vs
State Rep.by
The Inspector of Police,
District Crime Branch,
Virudhunagar District.
Crime No.29 of 2022.
... Respondent/Complainant
For Petitioner
: MR.R.VENKATESAN, Advocate
for M/s.Right Law Associates
For Respondent
: MR.T.SENTHIL KUMAR,
Additional Public Prosecutor
For Intervenor
: MR.M.JOTHIBASU, Advocate
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :-
For Bail in Crime No.29 of 2022 on the file of the respondent
police.
ORDER : The Court made the following order :-
The petitioner/Accused, who was arrested and remanded to
judicial custody on 30.11.2022 for the offences punishable under
Sections 120(B), 406, 420, 465 of IPC, in crime No.29 of 2022 on the
file of the respondent police, seeks bail.
2.The case of the prosecution is that a sale agreement was
entered in respect of the trust property, with an extent of 12 acres
and 57 cents situated at Vandiyur, Madurai District by the accused
persons in favour of the defacto complainant. The sale consideration
was fixed at Rs.34,92,50,000/-. An advance amount was fixed at
Rs.70 lakhs and the same was paid to them. Thereafter, the accused
did not come forward to register the sale deed in favour of the
defacto complainant. Due to non-registration of property, the
defacto complainant demanded to return the money, which was paid as
advance. But, they failed to do so. Thereafter, she came to know
that the property is under the control of HR & CE. Hence, the
complaint.
1/4
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.925 of 2023
3.The learned counsel for the petitioner would submit that the
petitioner is innocent and he has been falsely implicated in this
case. The disputed property belongs to the Trust, which runs the
temple and the defacto complainant after due deligence, had paid the
amount for purchase of property, knowing well aware of the
litigations pending between the parties. There is no intention on
the part of petitioner to cheat the defacto complainant. The
petitioner is arrayed as A2 and the allegation as against the
petitioner is that he has signed as a witness to one of the
document. He was arrested on 30.11.2022. In this case, major part
of the investigation has already been completed. The entire case of
prosecution is borne out of records. Hence, prays to release the
petitioner on bail.
4.The learned Additional Public Prosecutor would submit that
the petitioner along with the other accused had conspired together
and fabricated documents and entered into an sale agreement with the
defacto complainant for Rs.34,92,50,000/- and had received Rs.70
lakhs as advance, in respect of property belongs to HR & CE
Department. They failed to return the money to the defacto
complainant. Hence, he strongly opposed to grant bail to the
petitioner.
5.The learned counsel for the intervener would submit that the
petitioner and his father have induced the defacto complainant
stating that a land was available for sale and believing their
words, the defacto complainant entered into a sale agreement with
the petitioner and paid Rs.70 lakhs as advance. Later, she came to
know that the disputed property belongs to HR & CE and the accused
persons failed to return back the money to her. Hence, prays to
dismiss the petition.
6.At this juncture, the learned counsel for the petitioner
would submit that the petitioner is having permanent residence and
to show his bonafide, he is ready and willing to deposit the
original title deeds of the house property belonging to his wife, in
S.No.216/4, bearing Door No.22, West Street, Ward No.06,
Gonvind
