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Madras High CourtCRL OP(MD)/10778/2025allowed

R.Ganeshan v. The State Of Tamil Nadu

2025-07-11Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI R.Ganeshan ... Petitioner/A2 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, District Crime Branch, Ramanathapuram District.

(Crime No.2 of 2024) ... Respondent/Complainant For Petitioner : Mr.G.Vishnuram, 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.2 of 2024 on the file of the Respondent Police. 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 465, 468, 471, 420 and 120(b) IPC, in Crime No.2 of 2024 on the file of the respondent police, seeks anticipatory bail. 1/5

2. The case of the prosecution is that the defacto complainant is an Advocate/General Power of Attorney of one Baby Kanjana, W/o.Late.Elangovan. The petitioner along with other accused said to have created the bogus life certificate for the said deceased Elangovan, and the first accused along with other accused had executed a forged sale deed in favour of one Mohandoss and also executed one Inam settlement deed in respect of the properties in favour of his mother A3 namely Ramani. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. 4.The learned Government Advocate (Criminal Side) would submit that totally four accused involved in this case and investigation has already been completed, charge sheet has also been filed through e-filing. He would further submit that the first accused was released on bail by the Principal Sessions Court, Ramanathapuram on conditions to deposit the original title deed document No.203 of 2016 and not to alienate the petition mentioned property.

5. Considering the facts and circumstances of the case and taking into account of the fact that the first accused was arrested and released on bail and also the fact that the alleged forged document No.203 of 2016 has already been deposited by the first accused before the learned Judicial Magistrate No.II, Ramanathapuram and the 2/5

co-accused/A3 and A4 were granted anticipatory bail by the learned District and Sessions Judge, Ramanathapuram and also considering the fact that the investigation has already been completed and charge sheet has been filed through e-filing, 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 his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Ramanathapuram, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.II, Ramanathapuram, 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; (b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.II, Ramanathapuram. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial 3/5

Magistrate No.II, Ramanathapuram;

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

(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 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

Sd/- 11.07.2025 // True Copy // / /2025 Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai das 4/5

TO 1.The Judicial Magistrate No.II, Ramanathapuram.

2. Do Through: The Chief Judicial Magistrate, Ramanathapuram District.

3. District and Sessions Judge, Ramanathapuram District.

4.The Inspector of Police, District Crime Branch, Ramanathapuram District.

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

+1 CC to M/s.G.VISHNURAM, Advocate(SR- 7521 [I] dated 14/ 07 /2025)

ORDER

IN CRL OP(MD) No.10778 of 2025 Date : 11/07/2025 RA - ( 24.07.2025) 5P/ 7 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5