S.Soundrapandi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI S.Soundrapandi, S/o.Shanmugavel ... Petitioner/A2 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, District Crime Branch, (Crime No.7 of 2024) ... Respondent/Complainant For Petitioner : Mr.C.Mayilvahana Rajendran, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.7 of 2024 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 419, 420, 465, 467, 468, 471 and 506(i) of IPC in Crime No.7 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant's father owned ancestral property at Perungudi Village, Madurai District, in Survey No.132/1, to an extent of 2 acres and 68 cents. As per the partition, 2 acres of land in the said property was allotted to the de-facto complainant. Thereafter, the de-facto complainant sold certain portions to various persons, leaving a remaining extent of 93 cents. Fourteen years ago, the petitioner and one V.Senthoorpandi/A1 allegedly obtained details of the de-facto complainant's property, created a fake voter ID card, impersonated the de-facto complainant's father, and registered a power deed in the petitioner's name in respect of 68 1⁄2 cents out of the remaining 93 cents. Based on the said power deed, the petitioner purchased the same property from V.Senthoorpandi/A1 on 12.04.2022. Upon verification of the documents in the Sub-Registrar's Office, the de-facto complainant discovered that the petitioner and the other accused had cheated him of his property by creating forged documents. Hence, a case was registered.

3. The learned counsel appearing for the petitioner submitted that this is the second anticipatory bail application filed before this Court. The petitioner is an 2/6

innocent person and is in no way connected with the alleged offence as stated by the prosecution. He has been falsely implicated in this case. He further submitted that A1 was arrested and subsequently released on bail by the learned Judicial Magistrate No.I, Madurai on 08.04.2025 in Cr.M.P.No.2071 of 2025. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submitted that there are totally seven accused persons in this case and the petitioner has been arrayed as A2. A1 was arrested and subsequently released on bail by the learned Judicial Magistrate No.I, Madurai on 08.04.2025 in Cr.M.P.No.2071 of 2025. He further submitted that there are no previous cases registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that one of the co-accused was arrested and subsequently released on bail, and that there are no previous cases registered against the petitioner, and that the date of occurrence is from 30.07.2010, but the FIR came to be registered only on 20.09.2024, and that by this time material part of the investigation might have been completed, and that even after the dismissal of the earlier anticipatory bail application on 08.11.2024, the respondent police has 3/6

not taken any effective steps to secure the petitioner, 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, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 Judicial Magistrate No.

I, Madurai, 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 furnish his residential address and mobile number to the learned Judicial Magistrate No.I, Madurai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.

(c) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

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

(e) the petitioner 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 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; (g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

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.

mkn TO 1 The Judicial Magistrate No.I, Madurai.

2 Do Through the Chief Judicial Magistrate, 5/6

3 The Inspector of Police, District Crime Branch, 4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.C.MAYIL VAHANA RAJENDRAN, Advocate ( SR-8407[I] dated 05/08/2025 )

ORDER

IN CRL OP(MD) No.10021 of 2025 Date :04/08/2025 AS/22.08.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6