P.Esakimuthu v. State Of Tamilnadu Rep By Inspector Of Police, District Crime Branch Ii,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.01.2026 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.1110 of 2026 1.P.Esakimuthu 2.Amala ... Petitioners Vs.
State Rep. by, The Inspector of Police, District Crime Branch II, Nagercoil, Kanyakumari District.
(Crime No.1 of 2026) ... Respondent For Petitioners : Mr.M.Sathish Kumar For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.1 of 2026 on the file of the respondent police.
ORDER: The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police 1/5
for the offences punishable under Sections 465, 420, 468, 471 of IPC, in Crime No.1 of 2026, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 14.06.2022, the defacto complainant is the sister of one Esakkimuthu A1. The said Esakkimuthu and his wife namely Amala A2 had obtain the legal heir certificate without including the name of defacto complainant, by which A1 and A2 had enjoyed rightful properties of the defacto complainant. When the matter was came up to the light, the defacto complainant approached A1 for settling the issue but A1 refused to settle. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioners.
3.The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence. He seeks this Court to grant anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioners are serious in nature.
2/5
5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with 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 the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Learned Judicial Magistrate-I, Nagercoil, Kanyakumari District, within a period of fifteen days from the date on which the order made ready and on further conditions that: [a]the petitioner 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 1st petitioner shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required. The 2nd petitioner shall report before the respondent police as and when required.
[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.
[d]the petitioner shall not abscond either during investigation or trial. 3/5
[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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.
22.01.2026 TMG TO
1. Judicial Magistrate-I, Nagercoil, Kanyakumari District 2.The Inspector of Police, District Crime Branch II, Nagercoil, Kanyakumari District.
3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.
4/5
S.SRIMATHY,J TMG
ORDER
IN CRL OP(MD) No.1110 of 2026 Date : 22.01.2026 5/5