P.Esakki v. State Of Tamilnadu Rep By Inspector Of Police, Dcb Ii
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.01.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY P.Esakki ... Petitioner/Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, DCB II Police Station, Tirunelveli District.
(Crime No.Not known of 2025) ... Respondent/Complainant For Petitioner : Mr. K.P.Narayanakumar 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 Crime No.not known of 2025 on the file of the respondent Police.
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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 318(4) and 336(2) and 351(2) of BNS, 2023, (corresponding sections 420, 465 and 506(i)of IPC) in Crime No.not known of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner cheated the defacto complainant and other legalheirs and sold their property to one Ruby using the power of attorney executed by the father of the defacto complainant. Now the father died, hence the power deed becomes invalid. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 2/6
4. The learned Government Advocate (Crl. side) submitted that the investigation is pending. He further submitted that the petitioner has complied the condition imposed in the interim anticipatory bail. However, he opposed to grant anticipatory bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and since the petitioner has complied with the conditions imposed in the interim anticipatory bail regularly, the interim anticipatory bail already granted is made absolute and 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, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Tirunelveli, 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.I, Tirunelveli, failing 3/6
which, the petition for anticipatory bail shall stand dismissed and on further condition 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 appear before the respondent police daily at 10.30 a.m, until further orders; (c) the petitioner shall not tamper with 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 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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
08.01.2026 PJL To
1. The Judicial Magistrate No.I, Tirunelveli, 2.The Inspector of Police, DCB II Police Station, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J PJL
ORDER
IN Date : 08.01.2026 6/6