Santhanakaruppaiya v. The State Of Tamil Nadu

CRL OP(MD) NO.16096 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-09-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO.16096 of 2025 Santhanakaruppaiya Petitioner(s) Vs The State of Tamil Nadu State represented by Inspector of Police, DCB Theni, Theni District.

Crime No.11 of 2025.

Respondent(s) For Petitioner(s):

M/s.S.Manoj Kumar For Respondent(s):

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

Mr.O.R.Gokul Abimanyu Prayer: For Anticipatory Bail in Cr.No.11 of 2025 on the file of the Respondent Police.

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ORDER

The petitioners/A-7, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 417, 419, 420, 468, 471, 120B of IPC in Crime No.11 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons had forged the document and obtained Non traceable certificate and sold the property to the other accused persons by forging signature and by impersonating some other persons. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner submits that since the petitioner's father asked the son to sign as witness the petitioner annexed his signature and there is no intention to defraud.

4. The learned Government Advocate (Crl.side) appearing for the respondent Police vehemently objected to allow this petition and submitted that this is the second petition seeking anticipatory bail. Moreover, this petitioner is son of A-1.

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5. Considering the facts of the case and also considering the fact that the petitioner signed as witness this Court is inclined to grant relief 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, Theni, 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, Theni, 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 his residential address and mobile number to the learned Judicial Magistrate, Theni. In the event of any change in his residential address, the petitioner shall report the same to the 3/6

learned Judicial Magistrate, Theni;

(c) the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders and cooperate with investigation; (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;

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

23-09-2025 KSA 4/6

To

1. The Judicial Magistrate, Theni.

2. The Inspector of Police, DCB Theni, Theni District.

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

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S.SRIMATHY, J, KSA Order made in CRL OP(MD) NO.16096 of 2025 23-09-2025 6/6