Bharathidasan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :21.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD). Nos.841 & 917 of 2025 Bharathidasan S/o. Murugan, 3/1125, Kalaignar Colony, Karaiyur, Ponnamaravathi Taluk, Pudukottai District.
Petitioner in Crl.O.P.(MD).No.841 of 2025 Thirumurugan S/o.Thanga Isakki, No.2/2/8, V.O.C Street, Keelaiyur, Melur Taluk, Madurai District.
Muthukumar S/o. Mariyappan, 31/2, Kasuthuribai 1st Street, Melur, Maduria, Petitioners in Crl.O.P.MD).No.917 of 2025 Vs The State of Tamilnadu Rep. by The Inspector of Police, District Crime Branch Police Station, Madurai. (Crime No. 1/2025) Respondent(s) in both Ops For petitioners(s):
Mr.S.T.Sasidharan Tamilkani, Advocate For Respondent(s):
Mr.B.Thanga Aravindh, Additional Public Prosecutor 1/5
PETITION's FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail's in Crime No. 01 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 420, 465, 467, 468, 471, 120(B) of IPC in Crime No.01 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the subject property originally belonged to the father of the defacto complainant namely Rama Iyengar, however, A1 is said to have created forged documents by including those properties in the year 1974. These properties were sold in favour of A2 by registered sale deed dated 15.02.2024. A5 and A6 stood as witnesses to those documents. There are totally six accused persons in this case and the petitioners have been arrayed as A2, A5 and A6.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Taking into consideration the facts and circumstances of the case and 2/5
considering the fact that forged document is alleged to have been executed in the year 1974 and A2 is the subsequent purchaser who came into the scene in the year 2024 and for those documents, A5 and A6 stood as witnesses and the entire case is borne out by records, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.1, Madurai on condition that the petitioners 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [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 Aadhar card or Bank Pass Book to ensure their identity. 3/5
[b] the petitioners shall report before the respondent police as and when required for interrogation.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 21/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
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SMA TO 1 THE JUDICIAL MAGISTRATE NO.I MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI.
3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.T.SASIDHARAN TAMILKANI, Advocate ( SR-606[I] dated 22/01/2025 )
ORDER
IN CRL OP(MD). Nos.841 & 917 of 2025 Date :21/01/2025 SS/SKN/SAR- /06/02/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5