A.Maruthalingam v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.11.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.10913 of 2025 A.Maruthalingam ... Petitioner Vs.
The State of Tamil Nadu, Represented by the Inspector of Police, District Crime Branch, Thoothukudi District.
(Crime No.21 of 2025) ... Respondent For Petitioners : Mr.V.Rajiv Rufus For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.21 of 2025 on the file of the respondent police.
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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 61(2), 336(2), 336(3), 340(2) and 318(4) of BNS, 2023, in Crime No.21 of 2025, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the 1st accused, one Sankaralingam, who held a General Power of Attorney from the de-facto complainant's husband, Arunachalam, fraudulently created a false life certificate purporting to show the presence of Arunachalam in Palayamkottai on 17.03.2025 despite that he is in Mauritius since 17.03.2024. Based on this fraudulent life certificate, the 1st accused executed a sale deed (No.476/2025 dated 20.03.2025) conveying certain properties in Eluvaraimooki Village, Sathankulam Taluk, to the petitioner. The FIR further implicates that the petitioner received the property knowing full well about the fraudulent nature of the transaction. Hence, a case has been registered as against the petitioner. 3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court to grant anticipatory bail to the 2/5
petitioner.
4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature.
5.Considering the fact that the petitioner is the purchaser, this Court is inclined to grant anticipatory bail to the petitioner with 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 Learned Judicial Magistrate-IV, Thoothukudi, Thoothukudi District, within a period of fifteen days from the date on which the order copy 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. 3/5
[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.
17.11.2025 TMG TO
1. Judicial Magistrate-IV, Thoothukudi, Thoothukudi District.
2.The Inspector of Police, District Crime Branch, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.
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S.SRIMATHY,J TMG
ORDER
IN CRL OP(MD) No.10913 of 2025 Date : 17.11.2025 5/5