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Madras High CourtCRL OP(MD)/15055/2025granted

Ananthavel v. State Of Tamilnadu Rep By Inspector Of Police, Perumalpuram

2025-09-18Honourable Mrs Justice S.Srimathy6 pages

CRL OP(MD) NO. 15055 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18-09-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 15055 of 2025 Ananthavel S/o. Kangatharan, 25, Therkku Kurunthodaiyarpuram, Kokkirakulam, Palayamkottai, Tirunelveli District.

Petitioner(s) Vs State Of Tamilnadu Rep By Inspector Of Police, Perumalpuram Police Station, In Cr. No. 195 of 2025, Tirunelveli City.

Respondent(s) For Petitioner(s):

M/s.C. Susikumar For Respondent(s):

Mr.S.S.Manoj, Government Advocate (Crl. Side) For Intervenor :

Mr.R.Muthuram Prayer: For Anticipatory Bail in Crime No. 195 of 2025 on the file of the respondent Police.

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ORDER

The petitioner herein/A-4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120B, 468, 470, 417 & 506(ii) of IPC, seeks anticipatory bail.

2. The case of the prosecution is that due to land dispute between the accused persons and the defacto complainant, the accused persons have created a forged document in order to grab the property of the defacto complainant. Hence, a case was registered.

3. The learned counsel for the petitioner submitted that the petitioner is a attesting witness only. He further submitted that the present case has been foisted on him and prays for anticipatory bail in favour of the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police strongly objected to grant anticipatory bail to the petitioner.

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5. Considering the above facts and circumstances of the case and also considering the fact that this petitioner is only a attesting witness this Court is inclined to grant anticipatory bail to the petitioner.

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 of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Tirunelveli, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.1, Tirunelveli, 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; 3/6

(b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.1, Tirunelveli. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.1, Tirunelveli; (c) the petitioner shall appear before the respondent police daily at 10.30 a.m., without fail, until further orders and the petitioner shall not disturb the defacto complainant at any cost.

(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;

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

18.09.2025 [2/2] KSA To

1. The Judicial Magistrate Court No.1, Tirunelveli

2. The Inspector Of Police, Perumalpuram Police Station, Tirunelveli City.

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

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S.SRIMATHY,J.

KSA

ORDER

IN CRL OP(MD) NO. 15055 of 2025 18.09.2025 6/6