Chellaiah v. State Of Tamilnadu Rep By Inspector Of Police, Dcb

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.01.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.21954 of 2025

1. Chellaiah

2. Jeyameenakshi ... Petitioners/Accused

Versus

The State of Tamilnadu, Rep by the Inspector of Police, District Crime Branch, Madurai.

(Crime No.38 of 2025) ... Respondent/Complainant For Petitioners : Mr.N.Balasubramanian For Respondent : Mr.S.S.Manoj Government Advocate (Crl. Side) For Intervenor : Mr.S.Mahendrapathy 1/7

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.38 of 2025 on the file of the respondent police.

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 420, 465, 467, 468, 471 and 120B of IPC, in Crime No.38 of 2025, seek anticipatory bail.

2. The case of the prosecution is that the petitioners fabricated documents and revenue records to illegally grab 2.35 acres of agricultural land belonging to the defacto complainant's family. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the petitioners are the forged sale agreement holders. He further submitted that A-1 has already been arrested and is still in custody. Therefore, he opposed the grant of anticipatory bail to the petitioners.

5. This Court had earlier granted interim anticipatory bail directing the petitioners to appear before the respondent police and cooperate with the enquiry. The prosecution submitted that the petitioners are cooperating with the enquiry. However, the learned counsel for the intervenor submitted that the petitioners are not cooperating and that the first petitioner, being an advocate, is repeatedly committing the offence. If so, the intervenor is at liberty to approach the Bar Council against the first petitioner. As far as the present petition is concerned, since the petitioners are cooperating with the enquiry, the respondent police are directed to proceed further in accordance with law, if any cognizable offence is made out. Accordingly, the interim anticipatory bail already granted is made absolute and this Court is inclined to grant anticipatory 3/7

bail to the petitioner with certain conditions.

6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Madurai, on condition that the petitioners shall execute a 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 learned Magistrate concerned and 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 until further orders; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial; 4/7

(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 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;

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

(S S Y J) 23.01.2026 jbr 5/7

To

1. The Judicial Magistrate No.I, Madurai.

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

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.21954 of 2025 Date : 23.01.2026 7/7