A. Ganeshan, v. State Of Tamilnadu Rep By Inspector Of Police, Cbcid

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.12.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.22632 of 2025 A.Ganeshan ... Petitioner /Accused No.17

Versus

The State of Tamilnadu, Rep by the Inspector of Police, CBCID South Police Station, Theni District.

(Crime No.2 of 2022) ... Respondent/Complainant For Petitioner : Mr.V.Panneer Selvam Advocate For Respondent : Mr.Veera Kathiravan, Additional Advocate General assisted by Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor For Intervener : Mr.Henri Tiphagne Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.2 of 2022 on the file of the respondent police.

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 109, 409, 465, 466, 468, 471, 472 and 477(A) of IPC and Section 13(1)(c), 13(1) (d)(i) and 13(2) of the Prevention of Corruption Act, 1988, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and other accused persons have created forged documents and created Patta and Chitta and mutated the Government Porampokku land into the private land. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offences as alleged by the prosecution, and he has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide 2/6

by any conditions which may be imposed by this Court. He further submitted that a co-accused was granted anticipatory bail by this Court in Crl.O.P.(MD) No.18628 of 2025, dated 27.10.2025. Hence, he seeks anticipatory bail for the petitioner.

4. The learned Additional Advocate General submitted that the petitioner, being a Village Administrative Officer, in connivance with the co-accused, had changed the patta in respect of lands belonging to the Government, thereby causing huge loss to the Government. He further submitted that the investigation has been completed and the charge sheet has also been filed. However, he vehemently objected to the 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 co-accused has already been granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioner.

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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 on which the order made ready, before the learned Chief Judicial Magistrate, Theni, 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 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. He has to cooperate for the investigation; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial; 4/6

(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;

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

(S S Y J) 10.12.2025 pal To

1. The Chief Judicial Magistrate, Theni.

2.The Inspector of Police, Nerkuppai Police Station, Sivagangai District.

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

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S.SRIMATHY,J.

pal

ORDER

IN CRL OP(MD) No.22632 of 2025 Date : 10.12.2025 6/6