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Madras High Court/18132/2025granted

Leo Martin v. The State Of Tamil Nadu

2025-10-17Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL.OP(MD)No.18132 of 2025 1.Leomartin 2.Francis Xavier Babu 3.Srinivasan ... Petitioners/Accused Nos.2 to 4 Vs State of Tamilnadu, Represented by the Inspector of Police, Keeranur Police Station, Pudukkottai District.

(Crime No.104 of 2025).

... Respondent/Complainant For Petitioner : Mr.P.Ganapathi Subramanian For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.104 of 2025 on the file the respondent police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences under Sections 318(2), 319(2), 318(4), 336(2), 336(3) and 340(2) of BNS, in Crime No.104 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that A1 has committed the offence of impersonation by pretending to be one Varadharajan, who is the executor of the loan agreement in favour of the 2nd accused and the present petitioners are the witnesses to the above said document. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl. side) submitted that there is no specific overtact against the petitioners and the investigation is still pending. Hence, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and there is no specific overtact against the petitioners, 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, on condition that each of 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 learned Judicial Magistrate, Keeranur, Pudukkottai District, within a period of fifteen days from the date of receipt of a copy of this order failing which, the petition for anticipatory bail shall stand dismissed, and on further conditions that:

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[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 Aadhaar card or bank pass book to ensure their identity; [b] the petitioners shall report before the respondent police as and when required for interrogation;

[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners shall not abscond either during investigation or trial.

[e]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 are 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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

17.10.2025 PJL To

1. The Judicial Magistrate, Keeranur, Pudukkottai District.

2. The Inspector of Police, Keeranur Police Station, Pudukkottai District.

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

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S.SRIMATHY, J PJL CRL OP(MD) No.18132 of 2025 17.10.2025 6/6