Sam Selvaraj v. The State, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN 1.Sam Selvaraj

2. Jessy Veena ... Petitioners Vs.

State represented by The Inspector of Police, Nungambakkam Police Station, Chennai.

Crime No.49 of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on bail in the event of his arrest by the respondent police in the above Cr.No.49 of 2026 on the file of the respondent.

For Petitioners : Mr.R.Pavithra For Respondent : Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offence under Sections 212, 217, 236, 318(4), 338, 336(3), 340(2) of BNS Act, in Crime No.49 of 2026 on the file of the respondent police seeks anticipatory bail. 1/5

2. The allegation against the petitioners is that they have obtained death certificate of her son with a false status as if he is unmarried. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioners.

5. While looking into FIR, it is seen that the occurrence took place on 13.02.205 and the petitioners are senior citizens aged about 76 and 72 respectively and at this length of time, custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners.

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6.Accordingly, the petitioner are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned XIV Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioners fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their 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 identify proofs to ensure their identity;

(c) The petitioners shall report before the respondent police daily at 10.30 for a period of one week and thereafter as and when required;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. 3/5

State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 24.03.2026 sma To

1. XIV Metropolitan Magistrate, Egmore, Chennai. 2.The Inspector of Police, Nungambakkam Police Station, Chennai.

3.The Public Prosecutor, High Court of Madras.

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C.KUMARAPPAN.J.

sma 24.03.2026 5/5