Chinnan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.11.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.21982 of 2025 Chinnan ... Petitioner Vs.

The State of Tamil Nadu, The Inspector of Police, District Crime Branch, Madurai.

(Crime No.38 of 2025) ... Respondent For Petitioner : Mr.N. Balasubramanian For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) 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 petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, 465, 467, 468, 471 & 120B of 1/6

IPC, 1860, in Crime No.38 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the de-facto complainant has owned a agricultural lands in Survey Nos. 294/15, 294/16, 294/17, 294/18A, 294/19, 294/20B1, 295, 295/13B1, 294/1, 294/5 situated at Karadikkal Village stands in the name of Sundarathever son of Vairathever. After the demise of his father, he partitioned the above said land orally between his paternal uncle Balaiyah @ Vairathever and doing agricultural work. The separate patta was issued to his paternal uncle Balaiyah @ Vairathever and doing agricultural work by his son. In these circumstances, on 05.12.2024 when they decided to partition among the legal heirs of Sundarathevar and taken EC, some survey numbers had been executed as sale to one Amutha wife of Sundarajan. The petitioner and other accused persons fabricated the documents and other revenue records and grabbed the agricultural land to an extent of 2 acre 35 cents belonging to the petitioner's grandfather Sundarathevar. Hence, a case has been registered as against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not 2/6

committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature.

5.Considering the fact that the petitioner is a witness to the agreement, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Learned Judicial Magistrate No-I, Madurai, within a period of fifteen days from the date on which the order copy made ready 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 Aadhaar card or bank pass book to ensure their identity. 3/6

[b]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required. [c]the petitioner shall not tamper with the 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 petitioner is 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].

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

28.11.2025 TMG 4/6

TO

1. Judicial Magistrate No-I, Madurai.

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

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

5/6

S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.21982 of 2025 Date : 28.11.2025 6/6