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Madras High CourtCRL OP(MD)/9356/2025granted

Sankar v. The State Of Tamil Nadu

2025-10-28Honourable Mrs Justice S.Srimathy6 pages

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. 9356 of 2025 S.Sankar ... Petitioner Vs.

The State of Tamil Nadu, Rep. By the Inspector of Police, DCB, Virudhunagar District.

(Crime No.19 of 2023) ... Respondent For Petitioner : Mr.S.Mahendrapathy For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 19 of 2023 on the file of the respondent police.

ORDER: The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 417, 465, 467, 468 & 471 of IPC, in Crime No.19 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the 1st accused with an intention to grab the defacto complainant's property forged the Will as it was signed by her mother and Patta was also changed in his name and he sold the property to the other persons with help of the other accused person. Hence, a case has been registered as against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he has not committed any offence and the petitioner has signed as witness in the bogus Will. He seeks this Court to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature.

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5. Considering the facts and circumstances of the case and also considering the fact that the petitioner has signed as witness only, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Judicial Magistrate Court-II, Virudhunagar, within a period of fifteen days from the date of receipt of a copy of this order 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 Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioner shall not abscond either during investigation or trial. 3/6

[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 is 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].

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

28.10.2025 KSA 4/6

TO

1. The Judicial Magistrate Court-II, Virudhunagar.

2. The Inspector of Police, DCB, Virudhunagar District.

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

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S.SRIMATHY,J KSA

ORDER

IN CRL OP(MD) No.9356 of 2025 Date :28.10.2025 6/6