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Madras High CourtCRL OP(MD)/15058/2025granted

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

2025-09-12Honourable Mrs Justice S.Srimathy8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 15058 of 2025 1.Senthilkumar 2.Satham Hussain ..Petitioners/A5 & A6 Vs State Of Tamilnadu, Rep By The Inspector Of Police, City Crime Branch, Madurai City.

(Crime No.20 of 2024) Respondent(s) For Petitioner(s):

Mr.M.Chandrabose For Respondent(s):

Mr.S.S.Manoj Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.20 of 2024 on the file of the Respondent Police. 1/8

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 419, 420, 465, 467, 468, 471, 474 and 120(B) of IPC, in Crime No.20 of 2024, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 22.09.1988, the defacto complainant purchased a plot in Re.Su.No.212/3, Situr Village, Madurai North Taluk, Madurai.

Subsequently, on 18.04.2024, the defacto complainant came to his plot for cleaning work. At that time, some other persons cleaned his plot and started construction. Thereafter, he verified that the petitioners and other accused persons conspired together and created a forged document as if the defacto complainant and his wife died earlier and 2/8

obtained patta in the name of A1. In turn, A1 had executed a general power of attorney deed in favour of A2. Again A2 executed sale deed in favour of A3 and A4. The remaining accused are attested witnesses and document writers. 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 it is purely civil in nature. However, he opposed to grant anticipatory bail to the petitioners.

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5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that the most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioners, 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.I, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with 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 4/8

learned Judicial Magistrate No.I, Madurai, 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.I, Madurai. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.I, Madurai;

(c) the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

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(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.

12.09.2025 vsg 6/8

To 1.The learned Judicial Magistrate No.I, Madurai. 2.The Inspector Of Police, City Crime Branch, Madurai City.

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

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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.15058 of 2025 Date : 12.09.2025 8/8