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Madras High CourtCRL OP(MD)/6402/2025granted

P.N.Palanivelrajan v. The State Of Tamilnadu

2025-10-28Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.6402 of 2025 P.N.Palanivelrajan ... Petitioner/ Sole Accused Vs The State of Tamilnadu, Rep. by its The Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

(Crime No.125 of 2024) ... Respondent/Complainant For Petitioner : Mr.J.Vijayaraja 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.125 of 2024 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420 and 465 of IPC, in Crime No.125 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant's survey No.90/5, Poombidagai Group, Thiruchuli Taluk, was misappropriated by the petitioner by mentioning the survey number in several sale deeds executed by the petitioner to some others. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that there is no misappropriation of the property as alleged by the defacto complainant. The contention of the petitioner is that the said survey number was inadvertently included in the document. However, subsequently the defacto complainant executed a settlement deed in favour of his son in Document No.3463 of 2022 dated 19.10.2022 and as on date, the defacto complainant is in possession and enjoyment of the 2/6

same.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that a rectification deed was also executed subsequently. Therefore, the said allegation no longer exists.

5. Considering the facts and circumstances of the case and also considering the submissions of the learned Government Advocate (Crl. side), this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruchuli, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on 3/6

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 Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police as and when required for investigation; (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 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]; and;

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(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 28.10.2025 jbr To

1. The Judicial Magistrate, Thiruchuli.

2. The Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

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

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.6402 of 2025 Date : 28.10.2025 6/6