Sharmila Begam v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2025
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 15399 of 2025 Sharmila Begam ..Petitioner/A2 Vs State Of Tamilnadu, Rep By The Inspector Of Police, Sathirakudi Police Station, Ramanathapuram District.
(Crime No.51 of 2024) Respondent(s) For Petitioner(s):
Mr.P.Gunasekaran for P.Sepana @ Sree For Respondent(s):
Mr.S.S.Manoj Government Advocate (Crl. Side) For Intervener : Mr.S.Vashik Ali PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.51 of 2024 on the file of the Respondent Police.
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ORDER : The Court made the following order :- This is the fifth application. The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 417, 420, 466, 468 and 471 of IPC, in Crime No.51 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the A1 executed a registered gift settlement deed to her daughter, who is A2 herein by forging the VAO certificate as though she is the only legal heir to her deceased father. In fact, the defacto complainant and other co-sharers are there and without their signature, she fraudulently sold the family properties to others. A3 and A4 are witnesses to the above said deeds. Hence, a case was registered.
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3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail. 4.The learned counsel appearing for the intervener vehement opposed to grant anticipatory bail to the petitioner stating that even though the petitioner's mother is having right over the property as a co-sharer, she has created forged document issued by VAO.
5. The learned Government Advocate (Crl. side) submitted that the investigation has been completed and charge sheet has already been filed. However, he opposed to grant anticipatory bail to the petitioner.
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6. 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 investigation has been completed and charge sheet has already been filed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Paramakudi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 learned 4/8
Judicial Magistrate, Paramakudi, 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;
(b) the petitioner shall furnish her residential address and mobile number to the learned Judicial Magistrate, Paramakudi. In the event of any change in her residential address, the petitioner shall report the same to the learned Judicial Magistrate, Paramakudi;
(c) the petitioner shall cooperate with the trial;
(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
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(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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
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To 1.The learned Judicial Magistrate, Paramakudi.
2. The Inspector Of Police, Sathirakudi Police Station, Ramanathapuram District.
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.15399 of 2025 Date : 18.09.2025 8/8