N.Ananthan 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.8472 of 2025 1.N.Ananthan 2.N.Muthupandian @ Muthupandi ... Petitioners/Accused Nos.3 & 4 Vs The State represented by The Inspector of Police, CCB, Madurai City, Madurai District.

(Crime No.13 of 2025) ... Respondent/ Complainant For Petitioners : Mr.A.Balaji 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.13 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners / Accused Nos.3 & 4, who apprehends arrest at the hands of the 1/4

respondent police for the offences punishable under sections 419, 420, 465, 468, 471 & 120B of IPC in Crime No.13 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that A2 / Shahul Hameed had impersonated the complainant (using A1 as a proxy) fraudulently executed a sale deed in favour of A2. Subsequently, A2 executed two sale deeds in favour of A3 and A4. It is further alleged that A.3 and A4 are beneficiaries of the illegal transaction and are willful participants by virtue of purchasing property that was fraudulently conveyed. Hence, the complaint.

3.The learned Counsel for the petitioners would submit that the petitioners are innocent person and have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. He therefore prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that A2 fraudulently executed two sale deeds in favour of A3 and A4 and A4 vacated the building. 5.Considering the facts and circumstance of the case and also considering the fact that the allegations are borne out by records, this court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/4

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 No.I, Madurai, 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 No.I, Madurai.

2.Do Through The Chief Judicial Magistrate, Madurai.

3.The Inspector of Police, CCB, Madurai City, Madurai District.

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

+1 CC to M/s.A.BALAJI, Advocate ( SR-5378[I] dated 08/05/2025 )

ORDER

IN CRL OP(MD) No.8472 of 2025 Date : 08.05.2025 BV(26/05/2025) 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4