Jothinathan vs State

@JUDGEMENTTAG- JUDGEMENT

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 12.02.2024 for the alleged offences punishable under Sections Section 468, 471, 419, 406 and 420 of IPC, in crime No. 1099 of 2023 on the file of the respondent, seeks bail.

The case of the prosecution is that the petitioner along with other accused persons had filed the Criminal Original Petition before this Court and had obtained non-traceable certificate. Based on the directions issued by this Court by making false representation that they missed their original records pertaining to the property in respect of the property situated in Tiruppur and based on the said certificate, in connivance with the land brokers, the property worth Rs.2 crores have been sold. Thereafter, the same has been brought to the notice of the defacto complainant and the case has been registered.

Heard both sides.

Considering the facts of the case, this Court suo motu implead the Registrar, Tiruppur District as a second respondent. Further, the Registrar, Tiruppur is directed to conduct enquiry in respect of the alleged sale deed in S.R. No. 253 under Section 77-A of the Registration Act. Further, both the defacto complainant and the alleged purchaser of the property also directed to appear before the Registrar, Tiruppur District, for enquiry. The petitioner is witness to the alleged document, hence this Court is inclined to grant interim bail to the petitioner till 06.06.2024.

6.. Accordingly, the petitioner is ordered to be released on interim bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned Judicial Magistrate - III, Tiruppur, Tirupur District, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders:

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

Post the matter on 06.06.2024 for reporting compliance.