Senthilkumar v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Senthilkumar 3/303, Anjalam, Enusonai, Krishnagiri District

2. Lakshmipathi 405/3, Atraganapalli, Sulagiri, Krishnagiri District ..Petitioner(s) Vs The State represented by:

The Inspector of Police, Shoolagiri Police Station, Krishnagiri District, (Crime No 139 of 2026).

..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No 139 of 2026 pending Investigation on the file of the respondent police.

For Petitioner(s):

For Intervenor:

Mr. P.M.Jayachandran Mr. Rajmohan For Respondent(s):

Mr. N. Palanivel, Government Advocate (Criminal Side).

ORDER

The petitioners, who apprehend arrest for the alleged offences under

Sections 318(4) and 318(2) of B.N.S. in Crime No.139 of 2026, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the legal heirs of one Muniyappan had executed a Power of Attorney in favour of A1 Chinnaraj and the accused A1, by colluding with other accused and by creating fabricated legal heir and death certifications, sold the property to A2 and A3. Hence the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and according to the prosecution, this is a case of fabrication of legal heir and death certificates. At this juncture, the learned counsel would submit that these petitioners are purchasers and they are also victims and they have not involved in any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police has reiterated the prosecution case and opposed to grant anticipatory bail to the petitioners. However, he would fairly submit that the sale deed, which was registered based upon the fabricated legal heir and death certificates, was subsequently cancelled.

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

6. From the submissions made by the learned Government Advocate, considering the totality of circumstances and having considered the fact that the FIR was registered on 24.03.2026, this Court is of the view that at this length of time, the custodial interrogation of the petitioners is not required and therefore, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions:

7. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their 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.I, Hosur, on condition that the petitioners shall each 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 petitioners fail 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 petitioners shall appear and sign before the respondent police daily at 10.30 a.m., and 5.30 p.m., for a period of two weeks 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 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.

15-06-2026 MJS Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate No.I, Hosur.

2. The Inspector of Police,Shoolagiri Police Station, Krishnagiri District.

3. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 15-06-2026