Ramya v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN CRL OP(MD)No.8453 of 2025 1.Ramya 2.M.Kamalakannan 3.Kannan ... Petitioners/Accused No.2 to 4 Vs The State represented by The Inspector of Police, Papanasam Police Station, Thanjavur District.

(Crime No.52 of 2023) ... Respondent/Complainant For Petitioners : Mr.A.Senthilkumar For Respondent : Mr.B.Thanga Aravindh Government Advocate(Crl Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.52 of 2023 on the file of the respondent police. 1/4

ORDER : The Court made the following order :- The petitioners / Accused Nos.2 to 4, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 166, 167, 171, 120B, 419, 420, 255, 260 and 465 of IPC in Crime No.52 of 2023, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that one Jaban Sadiq forged a death certificate that he is the legal heir of the deceased mother and he sold the property belonging to the defacto complainant to the first petitioner. Hence, this complaint. 3.The learned Government Advocate (Criminal Side) would submit that A-3 / Kannan was arrested on 05.05.2025 and A-l in this case was arrested. Both the accused are in judicial custody and custodial interrogation is necessary. Therefore, he raised objection for grant of Anticipatory Bail. 4.Per contra, the learned counsel appearing for the petitioners would submit that A.2 had purchased the property from one Jaban Sadiq and he is no more. According to the petitioner, A.1 in this case alone fabricated the document and sold the property to A.2.

5. Considering the facts and circumstances of this case and the allegations are borne out by records, this court is inclined to grant anticipatory bail to the petitioners with certain conditions:

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6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Papanasam, Thanjavur District, on condition that the petitioner 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 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 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 Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioners shall report before the respondent Police daily at 10.30 a.m. until further orders.

[c] the petitioners shall not tamper with 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 3/4

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

Sd/- 08/05/2025 // True Copy // / /2025 Sub Assistant Registrar (CS - I/II/III/IV) Madurai Bench of Madras High Court, Madurai MGA TO 1.The Judicial Magistrate, Papanasam, Thanjavur District.

2.Do Through The Chief Judicial Magistrate, Thanjavur.

3.The Inspector of Police, Papanasam Police Station, Thanjavur District.

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

ORDER

IN CRL OP(MD) No.8453 of 2025 Date : 08.05.2025 BV(26/05/2025) 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4