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Madras High CourtCRL OP(MD)/19777/2025granted

Mariyammal v. The State Of Tamil Nadu

2025-11-10Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.11.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY

1. Mariyammal

2. Ponmani ... Petitioners/ Accused Nos.1 & 2 Vs The State of Tamil Nadu Represented by The Inspector of Police, District Crime Branch, Tuticorin.

(Crime No.32 of 2025) ... Respondent/ Complainant For Petitioners : Mr.C.Jeganathan For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.32 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120B, 465, 468, 471 and 420 of IPC, in Crime No.32 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused persons had created forged documents in respect of the defact complainant's property and executed a sale deed in favour of the accused No.3, wherein the accused Nos.4 and 5 was signed as witness in the said document. For the above said allegation, the defacto complainant had given a complaint before the respondent police. Hence, the present case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners. 2/6

4. The learned Government Advocate (Criminal Side) submitted that the alleged sale deed has been cancelled by way a cancellation deed dated 24.10.2025 which is enclosed in the typed set of papers.

5. Considering the facts and circumstances of the case and also the fact that alleged sale deed has been cancelled by way a cancellation deed dated 24.10.2025 and A3 was released on anticipatory bail, 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 their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.IV, Thoothukudi, on condition that the petitioners shall execute a separate 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 to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate No.IV, Thoothukudi District and 3/6

on further conditions 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 report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for the purpose of interrogation.

(c) the petitioners shall not tamper with 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 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) ebsi 10.11.2025 TO

1. The Inspector of Police, District Crime Branch, Tuticorin.

2. The Judicial Magistrate No.IV Thoothukudi.

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

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S.SRIMATHY,J.

ebsi 10.11.2025 6/6