Mohammed Jinna v. The State Of Tamilnadu Rep.By

CRL OP(MD) NO. 15236 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15-09-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 15236 of 2025

1. Mohammed Jinna

2. Arumugam Petitioner(s) Vs The Inspector of Police, District Crime Branch, Ramanathapuram District (Cr.No.10 of 2025) Respondent(s) For Petitioner(s):

M/s.Vashik Ali For Respondent(s):

Mr.S.S.Manoj, Government Advocate (crl. side) Prayer: For Anticipatory Bail in Crime No.10 of 2025 on the file of the respondent police.

ORDER

The petitioners herein/A-5 & A-6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 336(2), 336(3), 340(2), 318(4), 351(2) and 61(2) of B.N.S Act, 2023 in Crime No. 10 of 2025, seek anticipatory bail.

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2. The case of the prosecution is that these petitioners have created a forged power of attorney as the same has been executed by the defacto complainant from Malaysia in favour of the 1st accused. On the strength of the forged power of attorney a sale deed was registered in favour of 3rd accused who is the brother of the 1st accused. Hence, a case was registered.

3. The learned counsel for the petitioners submitted that they are witnesses to the document and there is no specific over tact against them. They have been falsely implicated in this crime and prays for anticipatory bail in favour of the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that these petitioners are witnesses to the forged document.

5. Considering the above facts and circumstances of the case anticipatory bail, this Court is inclined to grant interim anticipatory bail to the petitioners.

6. Accordingly, the petitioners are to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of 2/6

receipt of a copy of this order, before the learned Judicial Magistrate-II, Ramanathapuram District, on condition that the petitioners 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-II, Ramanathapuram District, 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 his residential address and mobile number to the learned Judicial Magistrate-II, Ramanathapuram District.

(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 petitioner in 3/6

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.

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To

1. The Judicial Magistrate Court-II, Ramanathapuram District.

2. The Inspector of Police, District Crime Branch, Ramanathapuram District.

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

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S.SRIMATHY, J, KSA Order made in Crl.O.P(MD)No. 15236 of 2025 15-09-2025 6/6