Lingadurai 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 Lingadurai ... Petitioner/Accused No.1 Vs The State represented by The Inspector of Police, Pandhalgudi Police Station, Virudhunagar District.

(Crime No.127 of 2024) ... Respondent/Complainant For Petitioner : Mr.V.Palpandi 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.127 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, 465, 468, 471, 120B and 34 of IPC in Crime No.127 of 2024, on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that the defacto complainant is the owner of the land property measuring to an extent of 1 acre and 4 cents in S.No.99/2. The petitioner and other accused persons sold the defacto complainant's property by impersonation through registered sale deed dated 04.04.2022 vide Doc No.2223/2022 at Pandalgudi SRO registered on 08.08.2022. Hence, the complaint. 3.The learned Counsel for the petitioner would submit that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. He therefore prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the accused persons created a forged document and executed a sale deed and cheated the defact complainant. Investigation is pending. A.4, A6, A.7 were enlarged on Bail by this Court and rest of the accused are absconding. Thus, the learned Government Advocate (Criminal Side) raised his objection and opposes to grant Anticipatory Bail to the petitioner / A1.

5. Considering the fact that A.4, A.6 and A.7 were enlarged on Bail by this Court and also considering the fact that the entire case is borne out by records, 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 2/5

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 learned Judicial Magistrate, Aruppukottai 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 10.30 a.m. 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 petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme 3/5

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 (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MGA TO 1.THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI.

2. THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3.THE INSPECTOR OF POLICE, PANDHALGUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.V.PALPANDI, Advocate ( SR-5414[I] dated 09/05/2025 ) 4/5

ORDER IN CRL OP(MD) No.8471 of 2025 Date :08/05/2025 PR/26.05 .2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5