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Madras High CourtCRL OP(MD)/19041/2025granted

K.Pandiyarajan, v. The State Of Tamilnadu Rep.By

2025-11-13Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.19041 of 2025 K.Panidyarajan ... Petitioner/ Accused No. 8 Vs The State of Tamilnadu, Rep by the Inspector of Police, District Crime Branch, Madurai District.

(Crime No.35 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.B.Jeeva For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.35 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420, 465, 467, 468, 471 and 120B of IPC and 318(4), 336(2), 338, 336(3), 340(2) and 61(2) of BNS, in Crime No.35 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant and his brother own land in S.No.288/2A and 288/2C. Accused 1 to 7, while partitioning their own land (S.No.288/2B), allegedly included the complainant's land in a fabricated partition deed with the help of a document writer, witnesses and Sub-Registrar. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the 2/6

respondent Police submits that the Accused 1 to 7, while partitioning their own land, allegedly included the complainant's land in a fabricated partition deed with the help of a document writer, witnesses and Sub-Registrar Therefore, he opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also considering the fact that the petitioner is only a document writer and that a civil suit is pending, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Madurai District, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned 3/6

Magistrate concerned and on further conditions 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 report before the respondent police as and when required for interrogation; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner 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 petitioner in 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;

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

(S S Y J) 13.11.2025 jbr To

1. The Judicial Magistrate No.I, Madurai District.

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

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

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.19041 of 2025 Date : 13.11.2025 6/6