Sekar vs State

K. Rajasekar ,J

The petitioner, who apprehends arrest for the alleged offence under Sections 120B, 406, 420, 294(b) & 506(ii) of IPC, in Crime No.29 of 2025, on the file of the respondent police seeks anticipatory bail.

The prosecution case is that the defacto complainant and the petitioner and other accused persons are belong to the same Village. The petitioner and A4 inherited a property in New No.72/4 (0.67 ½ cents) 72/3 1.50 cents, well in Survey No.72/3, 5 HP Motor. On 25.05.2022 the petitioner and the defacto complainant entered into an unregistered sale agreement by fixing the sale consideration as Rs.11,04,000/- and paid Rs.2,50,000/- as sale advance from the defacto complainant's sister's son to A3's account through Gpay. Thereafter balance amount of the defacto complainant paid to the petitioner/A1. Subsequently, SRO asked for mother documents, petitioner/A1 informed that he forgot to bring the same, due to that the registration was postponed and the petitioner cheated the defacto complainant by dragging the registration. Till now accused persons neither registered the document nor repaid the amount. Hence, the complaint.

The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide with any conditions that may be imposed by this Court and therefore, he prayed to grant anticipatory bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police opposed to grant anticipatory bail to the petitioner.

Considering the facts and circumstances of the case, I am inclined to grant interim anticipatory bail till 17.11.2025 to the petitioner with certain conditions:

Accordingly, the petitioner is ordered to be released on interim anticipatory bail till 17.11.2025 in the event of arrest or on his appearance, within a period of fifteen (10) days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Permabalur, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] If the petitioner fails to surrender before the concerned Magistrate, within a period of fifteen (10) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] the sureties shall affix his photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[c] the petitioner shall report before the respondent police daily at 10:30 a.m., till 17.11.2025 and thereafter, as and when required for interrogation;

[d] 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 anticipatory 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];

[e] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

The respondent police is directed to investigate the same and file a report in this regard before this Court on or before 14.11.2025.

List the matter on 17.11.2025.