Dhanasekar v. The State Of Tamil Nadu

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.9032 of 2025 Dhanasekar ..petitioner/2nd Accused Vs State of Tamil Nadu, Rep. by the Inspector of Police, District Crime Branch, Trichy District.

(Crime No.78 of 2024) .. Respondent/Complainant For petitioner : Mr.T.Leninkumar For Respondent : Mr.S.S.Manoj Government Advocate(crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.78 of 2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 419, 420, 465, 467, 468, 471 & 506(i) of IPC, in Crime No.78 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant purchased Plot Nos. 54 and 55 at Poolangudi Village, Trichy District, in 2001 and fenced them. In 2023, he found that one Mahendran had fraudulently sold the same plots to the petitioner through a settlement deed dated 29.09.2022. When the same was questioned, the petitioner and Mahendran threatened him with dire consequences. Hence, the complaint.

3.

The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence 2/7

as alleged by the prosecution. He further submitted that he is a receiver of the gift and there is no specific overt act against the petitioner. A-1 is the petitioner's brother, who has purchased the property and the petitioner is also a bonafide purchaser. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that one Mahendran had fraudulently sold the defacto complainant's plots to the petitioner through a settlement deed dated 29.09.2022. When the same was questioned, the petitioner and Mahendran threatened the defacto complainant with dire consequences. Therefore, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also considering the nature of allegation in this case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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6. Accordingly, the petitioner is ordered to be released on anticipatory 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 learned Judicial Magistrate NO.III, Trichy on condition that the petitioner shall execute separate 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 learned Judicial Magistrate NO.III, Trichy, and on 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;

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(b) the petitioner shall appear and sign before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, 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 petitioner 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 learned Judicial Magistrate NO.III, Trichy.

2. The Inspector of Police, District Crime Branch, Trichy District.

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

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S.SRIMARTHY,J jbr

ORDER

IN CRL OP(MD) No.9032 of 2025 Dated : 28/10/2025 7/7