Eswaran v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.11.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.3663 of 2025 1.Eswaran 2.P.Rajeendran Petitioner(s) Vs The Inspector of Police, District Crime Branch, Theni District.

Crime No.7/2025.

Respondent(s) For Petitioner(s): R.Manickam For Respondent(s): S.S.Manoj, Government Advocate (Crl.side) Prayer:

C-31AB For Anticipatory Bail in Crime No.7/2025 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 for the offences punishable under Sections 120B, 447, 427, 506(ii), 468 & 471 of IPC, in Crime No.7 of 2025, on the file of the respondent police, seek 1/5

anticipatory bail.

2.The case of the prosecution is that the petitioners tried to grab the property of defacto complainant's family by creating forged documents and trespassed into land of the defacto complainant. When he questioned the same, the petitioners have threatened him with dire consequences. 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. Further, the investigation is almost completed. 5.Considering the facts and circumstances of the case and also the fact that this Court has granted interim protection to the petitioners and they have cooperated with the respondent police for enquiry, this Court is inclined to 2/5

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, Bodinayakkanur, Theni District, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required. [c]the petitioners shall not tamper with the 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 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 3/5

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.

07.11.2025 TMG TO 1.The Judicial Magistrate, Bodinayyakkanur, Theni District.

2.The Inspector of Police, District Crime Branch, Theni District.

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

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.3663 of 2025 Date : 07.11.2025 5/5