Boobathi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.10.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.5768 of 2025 Boobathi ... Petitioner/Accused No.5 Vs.
The State of Tamil Nadu, Rep. by the Inspector of Police, City Crime Branch Police Station, Madurai City, Madurai District.
(Crime No.7 of 2025) ....Respondent/Complainant For Petitioner : M/s.S.T.Sasidharan Tamilkani For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) For Intervenor : Mr.P.T.Ramesh Raja PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.7 of 2025 on the file of the first respondent police.
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ORDER: The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, 465, 468, 471 and 120(b) of IPC, in Crime No.7 of 2025, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant and the 1st accused was doing real estate business from 2007. They have invested money in the business but the 1st accused did not share the profit with the defacto complainant. The defacto complainant executed a sale deed in favour of his wife. The 1st accused created a forged sale deed that the defacto complainant sold the property to this petitioner. Regarding this issue a civil suit was filed in O.S.No.158 of 2014. Further, another property was purchased in the name of the wife of the 1st accused but with the money of the defacto complainant to the tune of Rs.20,71,180/-. The 1st accused failed to return the said money also. Further, the 1st accused cheated Rs.40 Lakhs/- from the defacto complainant in the similar manner by registering the property in the name of his relative. Hence, this case.
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3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature. Further, the petitioner is a history sheeter and the specific overt act against the petitioner is creating forged documents. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that 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, Madurai 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 petitioner and the sureties shall affix their photographs and left 3/7
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 petitioner is directed to deposit a sum of Rs.2,00,000/- (Rupees Two Lakh Only), to the credit of Crime No.7 of 2025 before the learned Judicial Magistrate No.I, Madurai. After receipt of entire amount, the learned Judicial Magistrate, shall deposit the said amount in an interest bearing Fixed Deposit in any Nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.7 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment. [c]the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. The petitioner shall cooperate with the investigation. [d]the petitioner shall not tamper with the evidence or witness either during investigation or trial.
[e]the petitioner shall not abscond either during investigation or trial. [f]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 4/7
[(2005)AIR SCW 5560].
[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
29.10.2025 TMG 5/7
TO
1. The Judicial Magistrate No.1, Madurai, Madurai District.
2. The Inspector of Police, City Crime Branch Police Station, Madurai City, Madurai 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.5768 of 2025 Date : 29.10.2025 7/7