Murugesan 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 Murugesan, S/o.Karuppannan : Petitioner/Accused Rank not known Vs The State of Tamil Nadu, Rep. by the Inspector of Police, District Crime Branch, (Crime No.25 of 2021) : Respondent/Complainant For Petitioner : Mr.K.Arun Raj, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS. 1/6

PRAYER :- For Anticipatory Bail in Crime No.25 of 2021 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused Rank not known, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, 468, 471 and 34 of IPC, in Crime No.25 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the absolute owner and is in enjoyment of the subject property. Under these circumstances, on 28.03.2013, the defacto complainant verified the computer chitta, which reflected the names of his father, Annadurai, and one Nalini, W/o.Gnanasekaran, as joint holders. Nalini is a stranger to the said property. Thereby, the defacto complainant came to know that the accused persons had created forged documents in respect of his property. 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 2/6

prosecution. He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. Co-accused/A1 has already granted anticipatory bail by the learned Principal District and Sessions Judge, Trichy in Cr.M.P.No.758 of 2022. Hence, he seeks anticipatory bail. 4.The learned Government Advocate (Criminal Side) submitted that there are totally four accused involved in this case. The petitioner herein is arrayed as A3. The petitioner along with A1 and A2 had created forged documents by misusing the UDR patta changing the name and sold the property to another person. The offence committed by the petitioner is grave in nature. Hence, he opposed to grant anticipatory bail.

5.Considering the facts and circumstances of the case, and taking into account of the fact that the the occurrence had taken place on 28.03.2013 and the FIR has been registered on 04.12.2021, by this time, material part of the investigation might have been completed and also considering the fact that the co-accused/A1 has already granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 3/6

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.V, Trichy, 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.V, 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; (b)the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.V, Trichy. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.V, Trichy;

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

sd/- 04/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS TO 1 The Judicial Magistrate No.V, 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.K.ARUNRAJ, Advocate ( SR-8424[I] dated 05/08/2025 )

ORDER

IN CRL OP(MD) No.10700 of 2025 Date :04/08/2025 NM/22.08.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6