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Madras High CourtCRL OP(MD)/15666/2025partly allowed

M.N.Prabhu v. The State Of Tamil Nadu

2025-09-19Honourable Mrs Justice S.Srimathy8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 15666 of 2025 1.M.N.Prabhu 2.Alagammal 3.Manikandan 4.M.Sivamuthupandi ..Petitioners/A1 to A4 Vs State Of Tamilnadu, Rep By The Sub Inspector Of Police, Thirunagar Police Station, Madurai City.

(Crime No.40 of 2024) Respondent(s) For Petitioner(s):

Mr.Backiyaraj For Respondent(s):

Mr.A.S.Abul Kalaam Azad Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/8

PRAYER :- For Anticipatory Bail in Crime No.40 of 2024 on the file of the Respondent Police. 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 120(B), 419, 420, 465, 468 and 471 of IPC, in Crime No.40 of 2024, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the 1st and 2nd accused used fake Aadhar cards and imitating the mannerisms of another person and registered the documents in various ownerships. The third and fourth accused are attested witnesses. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they are no way connected 2/8

with the alleged occurrence as stated by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. side) submitted that there is specific overt act attributed against the petitioners 1 and 2 and they had created the fake Aadhaar cards and the petitioners 3 and 4 are only attested witensses. However, he opposed to grant anticipatory bail to the petitioner.

5.Insofar as the petitioners 1 and 2 concerned, they had created forged Aadhaar card and hence, this Court is not inclined to grant anticipatory bail to them. Accordingly, this petition is dismissed in respect of the petitioners 1 and 2.

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6.Insofar as the petitioners 3 and 4 are concerned, there are no previous cases pending against the petitioner and they are only attested witnesses, this Court is inclined to grant anticipatory bail to the petitioners 3 and 4, with certain conditions.

7. Accordingly, this petition is partly allowed and the petitioners 3 and 4 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 on which the order copy made ready, before the learned Judicial Magistrate Court No.VI, Madurai, on condition that the petitioners 3 and 4 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 4/8

satisfaction of the learned Judicial Magistrate Court No.VI, Madurai,, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the petitioners 3 and 4 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 3 and 4 shall furnish their residential address and mobile number to the learned Judicial Magistrate Court No.VI, Madurai. In the event of any change in their residential address, the petitioners 3 and 4 shall report the same to the learned Judicial Magistrate Court No.VI, Madurai,;

(c)the petitioners 3 and 4 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 and cooperate with the investigation;

(d) the petitioners 3 and 4 shall not 5/8

tamper with evidence or witness either during investigation or trial;

(e) the petitioners 3 and 4 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 3 and 4 in accordance with law as if the conditions have been imposed and the petitioners 3 and 4 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 3 and 4 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

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To 1.The learned Judicial Magistrate Court No.VI, Madurai,.

2.The Sub Inspector Of Police, Thirunagar Police Station, 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.15666 of 2025 Date : 19.09.2025 8/8