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Madras High CourtCRL OP(MD)/8750/2025allowed

Chellammal v. State Of Tamilnadu Rep By Inspector Of Police, Keelarajakularaman

2025-08-04Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Chellammal W/o.Muthuraj 2.Valavanthan S/o.Subbaiah

...Petitioners/

Accused Nos.2 & 3 Vs.

State rep. by The Inspector of Police, Keelarajakularaman Police Station, Virudhunagar District.

(In Crime No.87 of 2025)

...Respondent/Complainant

For Petitioners : Mr.S.Maya Perumal For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.87 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 318(4), 336(2), 336(3), 340(2), 61(2) of BNS Act, in Crime No.87 of 2025 on the file of the respondent police.

2. The case of the prosecution is that the defacto complainant and the accused persons are belong to the same village. Punja land comprised in Survey No.266, Patt No.776 situated at Keelarajakularaman Village, Virudhunagar District, initially belongs to the defacto complainant's ancestral property. In the meantime, Accused Nos.2 to 4 conspired among themselves in order to cheat the defacto complainant, creating false death certificates, legal heir certificates and created a false sale deed. Hence, the case has been registered.

3. The learned counsel for the petitioners submitted that the petitioners never involved in the conspiracy to create any forged documents and forged seal and they have been falsely implicated in this case. He would further submit that Accused 2/6

Nos.1 and 6 were already granted anticipatory bail by this Court in Crl.O.P(MD) No.8551 of 2025 and Crl.O.P(MD)No.6983 of 2025 on 08.05.2025 and 25.04.2025 respectively and Accused Nos.4 and 5 were already released on bail in Crl.O.P(MD) No.8449 and 8381 of 2025 on 08.05.2025. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the petitioners are arrayed as A2 and A3. A2 to A4 created a false death certificates, legal heir certificates and forged some documents and created a false sale deed. Hence, he opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the fact that the alleged date of occurrence is 22.11.2024 and FIR registered only on 24.03.2025, and also taking into the fact that Accused Nos.1 and 6 were already granted anticipatory bail by this Court in Crl.O.P(MD)No.8551 of 2025 and Crl.O.P (MD)No.6983 of 2025 on 08.05.2025 and 25.04.2025 respectively and Accused Nos.4 and 5 were already released on bail in Crl.O.P(MD)No.8449 and 8381 of 2025 on 08.05.2025 by this time most of the investigation might have been completed, and that the evidence are based on records, hence, custodial interrogation is not 3/6

necessary at this stage, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Rajapalayam, Virudhunagar District, on condition that the petitioners 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 to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate Court, Rajapalayam, Virudhunagar District, and on further conditions 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 furnish their residential address and mobile number to the Judicial Magistrate Court, Rajapalayam, Virudhunagar District.

(c) the petitioners shall appear and sign before the respondent police daily at 10.00 a.m., until further orders;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners shall not abscond either during investigation or trial; (f) 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNS.

sd/- 04/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD TO 1.The Judicial Magistrate, Rajapalayam, Virudhunagar District 5/6

2.The Inspector of Police, Keelarajakularaman Police Station, Virudhunagar District.

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

+1 CC to M/s.S.MAYA PERUMAL, Advocate ( SR-8446[I] dated 05/08/2025 )

ORDER

IN CRL OP(MD) No.8750 of 2025 Date :04/08/2025 HPS/03.09.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6