A.K.Kamarudeen v. State Of Tamilnadu Rep By Inspector Of Police, Ccb - Ii

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.9206 of 2026 A.K.Kamarudeen ... Petitioner/ Accused No.6 Vs State of Tamil Nadu, Rep. by the Inspector of Police, City Crime Branch - II, Trichy District.

(Crime No.12 / 2026) ... Respondent/Complainant For Petitioner : Mr.J.Jafarullah Badhusha For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.12 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 336(2), 338, 336(3), 340(2), 319(2),

318(4), 351(2) and 61(2) of B.N.S., 2023, in Crime No.12 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant purchased a property situated at Fathima Nagar, Pandamangalam, Woraiyur, Tiruchirappalli District, vide a registered sale deed dated 08.02.1989. Thereafter, the de-facto complainant came to know that, in respect of the very same property, the first accused had executed a registered settlement deed, by impersonation and by creating false documents, in favour of the second accused, who, in turn, sold the same to the third accused. Subsequently, the third accused executed a Power of Attorney in favour of the petitioner, who is arrayed as A6, and the petitioner, in turn, executed a sale deed dated 30.01.2020 in favour of the seventh accused. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the first accused had executed a registered settlement deed, by impersonation and by creating false documents, in favour of the second accused, who, in turn, sold the same to the third accused. Thereafter, the third accused executed a Power of Attorney in favour of the petitioner, who, in turn, executed a sale deed dated 30.01.2020 in favour of the seventh accused. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking into account the fact that the petitioner is only a Power of Attorney holder and that the petitioner's principal is the third purchaser in the chain of transactions, this Court is inclined to grant anticipatory bail to the petitioner, subject to 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 No.IV, Trichy,

within a period of fifteen days from the date on which the order copy was made ready 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.

[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.

(S S Y J) 07.05.2026 smn2 To

1. The Inspector of Police, City Crime Branch - II, Trichy District.

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

S.SRIMATHY, J.

smn2

ORDER

IN CRL OP(MD)No.9206 of 2026 07.05.2026