Arun Karthick, v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN Arun Karthick ... Petitioner Vs State of TamilNadu rep. by The Inspector of Police, Virudhunagar West Police STation, Virudhunagar District.
(In Crime No.127 of 2023) ... Respondent For Petitioner : Mr.R.Murugappan For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor For Intervenor : Mr.M.Kannan PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.127 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/ Accused No.9, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 120(b), 447, 465, 468, 1/5
471 of IPC in Cr.No.127 of 2023 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner and other accused persons created forged document in respect of the land in Survey No.1/2 to an extent of 63.4 cents situated at Allampatti, virudhunagar Town, Virudhunagar District and registered an Enam Settlement Deed at the Office of the Sub Registrar, Virudhunagar Joint-II. They also registered a sale deed in the said Registrar Office and a power of attorney at Solavandhan Sub Registrar Office. Therefore, one Ramamoorthy filed a petition before the Judicial Magistrate Court No.1, Virudhunagar District and the same was forwarded to the respondent Police. Hence the complaint.
3.The learned Counsel for the petitioner would submit that the petitioner did not involve in any of the offences as alleged by the prosecution. The petitioner is an innocent and he is falsely implicated in this case. The petitioner is ready to abide by any conditions to be imposed by this Court. He, therefore, prays for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent police would submit that Accused Nos.1 to 4 and 8 were enlarged on bail by this Court in Crl.O.P.(MD)Nos.12382 and 12241 of 2023, dated 14.07.2023. 2/5
5.The learned counsel for the intervenor would submit that the accused Nos.1 to 4, knowing very well that they do not have any title, have set up the other accused, especially, the accused Nos.8 and 9 to grab the property.
6. Considering the fact that the petitioner is arrayed as Accused No.9, the other accused in this case have enlarged on bail and they were released, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:
6. Accordingly, the petitioner is ordered to be released on anticipatory 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 Judicial Magistrate Court No.1, Virudhunagar, Virudhunagar District 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 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 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 Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioner shall report before the respondent Police daily at 10.30a.m. 3/5
until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner 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 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/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
Yuva 4/5
TO 1.The Judicial Magistrate Court No.1, Virudhunagar, Virudhunagar District. 2.Do through the chief Judicial Magistrate, Virudhunagar at Srivilliputhur. 3.The Inspector of Police,Virudhunagar West Police Station, Virudhunagar District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai. +1 CC to M/s.R.MURUGAPPAN, Advocate ( SR-5406[I] dated 09/05/2025 ) ORDER IN CRL OP(MD) No.5987 of 2025 Date :08/05/2025 PP/26.05.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5