A. Mohamed Hanifa v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2026
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.402 of 2026 A.Mohamed Hanifa ... Petitioner
Versus
The State rep by its, The Inspector of Police, Central Crime Branch, LD-II, Avadi Police Station, Avadi, Chennai - 600 054.
(Crime No.74 of 2025) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.74 of 2025 on the file of the respondent police. For Petitioner :
Mr.R.C.Paul Kanagaraj for Mr.Kartik Soundararajan For Respondent :
Ms.J.R.Archana Government Advocate (Crl. Side)
O R D E R
The petitioner, who apprehends arrest by the respondent police for the offences punishable under Sections 420, 465, 468 and 471 of IPC, 1860 in Crime No.74 of 2025 registered on the file of the respondent police seeks anticipatory bail.
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2. The allegation against the petitioner is that he is ranked as A14 in this case and he is a document writer. It is alleged that the petitioner along with other 13 accused had created forged documents such as settlement deeds, General Power of Attorney, and lease deeds to unlawfully grab his ancestral property situated at Korattur Village in Survey Nos.791/8 and 791/8A, originally belonging to late Mariyappan Nayakkar. It is alleged that several documents bearing Nos.416/2022, 3965/2023, 1142/2021, 2406/2022, 1141/2021, 2407/2022, 4348/2020, 2184/2023, and 4712/2023 were fraudulently executed and registered at the Villivakkam Sub-Registrar Office to create false title and possession. Hence, the present case.
3. The learned counsel appearing for the petitioner submitted that the alleged fabricated settlement deeds were cancelled and that the petitioner is only a document writer and he was performed his professional duties and he has not involved in any fabrication of records. He further submitted that some of the co-accused was released on bail by this Court in Crl.OP.Nos.20454 & 20418 of 2025 dated 14.10.2025 & 17.10.2025. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that there are 14 accused in the present case and that the petitioner is arrayed as 2/6
A14. She further submitted that the petitioner was earlier taken into custody by the police and, while being produced for remand, he was found to be unfit for remand and was therefore let off. She further submitted that the specific overt act attributed to the petitioner is that he had prepared the relevant documents. Hence, she opposed the grant of anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.side) and perused the materials available on record.
6. Considering the submissions made on both sides, it is placed on record that the petitioner has also filed an affidavit stating that they had already cancelled the settlement deed even prior to the registration of the FIR, and the same has been duly recorded and that some of the co-accused were also released on bail by this Court in Crl.OP.Nos.20454 & 20418 of 2025 dated 14.10.2025 & 17.10.2025, therefore, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions:
7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen
(15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Ambattur, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only), 3/6
with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition 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 two weeks and thereafter as and when required for interrogation;
(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;
(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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 21.01.2026 drl 4/6
To 1.The Judicial Magistrate, Ambattur.
2. The Inspector of Police, Central Crime Branch, LD-II, Avadi Police Station, Avadi, Chennai - 600 054.
3.The Public Prosecutor, High Court, Madras.
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K.RAJASEKAR, J.
drl CRL.O.P.No.402 of 2026 21.01.2026 6/6