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Madras High CourtCRL OP/7627/2026allowed

S Thajudeen v. The State Represented By

2026-03-26Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Mr.S Thajudeen S/o. Sheik Hameed Plot No.19-20, 1st Floor, Sarathy Nagar, 2nd Street, Puzhuthivakkam, Madipakkam, Kancheepuram - 600 091.

...Petitioner/A5

Vs The State Represented by The Inspector of Police, S-7, Madipakkam Police Station, Chennai - 600 091.

Crime No.1111 of 2025 ..Respondent Prayer: Criminal Original Petition filed under Section 482 of BNSS, to grant an order directing the Respondent Police to release the Petitioner/Accused No.5 on bail in the event of his arrest in connection with Crime No.1111 of 2025 on the file of the S-7 Madipakkam Police Station.

For Petitioner :

Mr.Che Guvera For Respondent :

Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioner/A5, who apprehends arrest for the alleged offences under Sections 318(4) and 306 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.1111 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is a Trustee of the "Aljamia Trust"; and that the petitioner engaged in various malpractices and attempted to seize control of the Trust's administration. Furthermore, he attempted to fabricate records and enrich himself by misappropriating the Trust properties. Hence, the case.

3. The learned counsel for the petitioner/A5 submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He also submitted that the earlier Trustee had given a complaint against the present Trustee and the entire issue revolves around the documentary evidences and the FIR was registered on 29.10.2025. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and he is ready to cooperate for the investigation. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution's case and strongly opposed to grant anticipatory bail to the petitioner.

5. Heard the submission made by the learned counsel on either side and perused the materials available on record.

6. The entire issue is in receipt of fabrication of the record of a Trust. The learned counsel for the petitioner/A5 would submit that the earlier Trustee had given a complaint against the present Trustee and the entire issue revolves around the documentary evidences, and the FIR was registered on 29.10.2025. Taking into consideration of the registration of the FIR in the month of October 2025 and the co-accused, A3 and A7 were already granted anticipatory bail in Crl.O.P.No.2888 of 2026 dated 12.02.2026 and Crl.O.P.No.7447 of 2026 dated 24.03.2026, and apart from that, at this length of time, no custodial interrogation of the petitioner is required. Hence, this Court is inclined to enlarge him on anticipatory bail, subject to 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 on which the order copy is made ready, before the learned Judicial Magistrate No.II, Alandur, Chennai, on condition that the

petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 petitioner fails to surrender before the concerned 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 petitioner shall report before the respondent police, daily at 10.30 a.m., for a period of one week and thereafter, as and when required for the interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions 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 v. State of Kerala [(2005) AIR SCW 5560];

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

26-03-2026 dk

To

1. The Judicial Magistrate - II, Alandur, Chennai.

2. The Inspector of Police, S-7, Madipakkam Police Station, Chennai-600 091.

3. The Public Prosecutor High Court of Madras.

C.KUMARAPPAN, J.

dk CRL OP No. 7627 of 2026 26-03-2026