← Library
Madras High CourtCRL OP(MD)/10733/2025granted

Seethai v. State Of Tamilnadu Rep By Inspector Of Police,

2025-09-02Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02-09-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY 1.Seethai 2.Annamalai 3.Kannappan 4.Visalakshi 5.Neela 6.Ramanathan 7.Nallamuthu .. Petitioners/Accused Nos.1 to 7 Vs State Of Tamilnadu, Rep By The Inspector Of Police, DCB Police Station, Sivagangai District.

(Crime No.13 of 2025) ... Respondent(s) For Petitioner(s) : Mr.E.Marees Kumar For Respondent(s) : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.13 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A7, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 61(2), 319, 318 (4), 336 1/5

and 340 of BNS, in Crime No.13 of 2025 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 14.06.2025, the defacto complainant preferred the complaint alleging that the properties in S.Nos.83/14B2, 83/14B1, 83/4B belongs to the defacto complainant's ancestral properties and they are in possession and occupation of the said properties. On 18.07.2024, in order to grab the properties, the petitioners fabricated false documents and registered the said properties in their names in Doc.No.4241 of 2020. Hence, a case was registered.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He, however, submitted that the petitioners are 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 they created false documents and registered the properties in their names. There are no previous cases registered against the petitioners. He further submitted that the entire properties have been recovered. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, the 2/5

nature of the offence, and also taking note of the fact that there are no previous cases pending against the petitioners, and that as the date of occurrence is 14.06.2025, by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their 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, Sivagangai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with common surety 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.

II, Sivagangai, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) the petitioners 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 petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.II, Sivagangai. In the event of any change in their residential addresses, the petitioners shall report the same to the learned Judicial Magistrate No.

3/5

(c) the petitioners shall report before the respondent police as and when required for interrogation;

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

(e) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 02/09/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

vsg To 1.The Judicial Magistrate No.II, Sivagangai. 4/5

2.The Inspector Of Police, DCB Police Station, Sivagangai District.

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

+1 CC to M/s.E.MAREES KUMAR, Advocate ( SR-9565[I] dated 03/09/2025 )

ORDER

IN CRL OP(MD) No.10733 of 2025 Date :02/09/2025 SBN/09.09.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5