Thirunavukarasu vs State

T.V.Thamilselvi, J

1.The petitioner, who was arrested and remanded to judicial custody on 01.11.2022 for the offences under Sections 420, 465, 467, 468, 471 of IPC in Crime No.184 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that the defacto complainant lodged a complaint alleging that her ancestral property which is located at No.7, Block 29, T.S.No.84, Balagi Singh Street, Mamabalam Village original was transferred from her ancestor. Accused – 1 and other accused hatched criminal conspiracy with an intention to get unlawful gain, fabricated election identity card by changing father name, created false patta and a false settlement deed in favour of one Thirunavukarasu (A2) on 16.11.2012 as document No.2267/2012 as if the same was settled in the name of Krishnaveni by impersonating his wife Renuka as Krishnaveni and executed the settlement deed document No.76/2013. Thereafter, the said Krishnaveni executed a general power of attorney and settlement deed in the name of Mr.Govindan. Subsequently, the said deeds were cancelled and another general power of attorney was executed in the name of petitioner on 22.02.2013 and at present the petitioner is living in the said disputed property and restraining the defacto complainant from entering into the property. Based on the information given by the defacto complainant to the respondent police, the respondent police have registered the case and arrested the petitioner and remanded him to Judicial custody. Hence the complaint.

Heard the learned counsel for the petitioner and the learned counsel for the respondent, and the learned counsel for the intervenor.

As per the submission of the learned Government advocate (Crl.side), it is seen that alleged fabricated documents were cancelled by the Sub Registrar and also handed over possession of the property to the defacto complainant.

Considering the above facts and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner on certain conditions;

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties( one must be a blood surety), each for a like sum to the satisfaction of the Special Metropolitan Magistrate Land Grabbing Court No.II, Egmore, Allikulam, Chennai, 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 for a period of four weeks. Thereafter report before the Trial Court on all hearing. Further, the petitioner shall not cause any interference to the defacto complainant's possession of the property.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(f) 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.