Ammaponnu v. State Of Tamilnadu Rep By Inspector Of Police, Dcb

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Ammaponnu

2. A.Machakalai

3. Andi ... Petitioners/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, District Crime Branch Police Station, Madurai District.

Crime No.36/2025.

... Respondent/Complainant For Petitioner : T.Seeni Syed Amma for M/s.Roy and Roy Associates, Advocate.

For Respondent : Mr.J.Yogeswaran, Government Advocate (Crl.Side) PRAYER :- C-24AB.For Anticipatory Bail in Crime No.36/2025 on the file of the respondent police ORDER : The Court made the following order :- 1/6

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420, 465, 467, 468, 471 and 120B of IPC, corresponding Sections 318(4), 336(2), 336(3), 338, 340(2) and 61 of BNS, 2023, in Crime No. 36 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners and the defacto complainant are relatives. There is a dispute regarding land allocation. Inspite of patta was cancelled the accused persons had encumbered the property. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the RDO has passed an order in favour of the petitioners. Hence, he seeks anticipatory bail to the petitioners. 2/6

4. The learned Government Advocate (Criminal Side) submitted that there is a stay for granting patta in another proceedings. He further submitted that it is a land allocation dispute between the parties and no one is injured.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Madurai, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

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[a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

[b] the petitioners are directed to file an undertaking affidavit that they would not encumber the disputed property;

[c] the 2nd and 3rd petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter as and when required and the 1st petitioner shall report before the respondent police as and when required;

[d]the petitioners shall not tamper with the evidence or witness either during investigation or trial;

[e]the petitioners shall not abscond either during investigation or trial;

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[f]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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];

[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

09.01.2026 PJL TO

1. Judicial Magistrate No.I, Madurai.

2.The Inspector of Police, District Crime Branch Police Station, Madurai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.378 of 2026 Date : 09/01/2026 6/6