K. Gowtham v. State Of Tamilnadu Rep By Inspector Of Police, Ccb

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.11.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY 1.K.Gowtham 2.G.Sivakaumar 3.L.Venkadesh ... Petitioners/Accused Nos.2, 3 and 4 Vs The State of Tamil Nadu, Rep By The Inspector of Police, City Crime Branch (CCB) Trichy City, Trichirapalli.

... Respondent/Complainant (Crime No.28 of 2025) For Petitioners : Mr.M.Rajarajan Advocate.

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.28 of 2025 on the file of the respondent police.

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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 420, 406, 417, 463, 465, 468, 471, 506(1) r/w 61 (2) of BNS, 2023, corresponding Sections 406, 417, 420, 465, 467, 471, 506(1) r/w 120B of IPC, 1860, in Crime No.28 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that one Jegan, having no right over the subject property, purported to execute a power of attorney in favour of A2 enabling to deal with the property in question, which is originally belonged to one Sangeetha. Further the said Jegan proceeded to sell the property to a third party. Coming to know this, the defacto complainant/Sangeetha, lodged a complaint against the said Jegan, A2, A3 and A4. Except Jegan, all are witnesses to the transaction. Hence, the present case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged occurrence as stated by the prosecution. He further submitted 2/6

that when A2 came to know the fraudulent act of A10, immediately cancelled the power which was executed in his name. He further submitted that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seek anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. side) appearing for the respondent submitted that the investigation is going on and the petitioners have no previous cases. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case, and considering the nature of offence, and the fact that the petitioners are only witnesses to the said transaction and also the fact that A2 immediately cancelled the power of attorney executed in favour of him after coming to know about the fraudulent act of A10, this Court is inclined to grant anticipatory bail to the petitioners, with certain stringent conditions.

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6. Accordingly, the petitioners 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 Judicial Magistrate Court No.I, Trichy 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 respondent police or the police officer who intends to arrest or to the satisfaction of the Judicial Magistrate Court No.I, Trichy, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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, until further orders; Since A2 is celebrating his marriage, on those days, he shall not appear before the respondent police and thereafter, he shall appear before the respondent police daily at 10.30 a.m, until further orders;

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(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;

(f) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 24.11.2025 PJL To

1. The Judicial Magistrate Court No.I, Trichy. 2.The Inspector of Police, City Crime Branch (CCB), Trichy City, Trichirapalli.

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

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S.SRIMATHY, J.

PJL

ORDER

IN CRL OP(MD) No.21115 of 2025 Date : 24.11.2025 6/6