Sudha K Velappan, v. The State Of Tamil Nadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.01.2026 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY CRL OP(MD)No.23742 of 2025 Sudha K.Velappan ... Petitioner/ Accused Vs The State of Tamil Nadu Represented by the Inspector of Police, Tirunelveli Town Police Station, Tirunelveli City.

(Crime No.252 of 2025) ... Respondent For Petitioner : Mr.Aayiram K.Selvakumar For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act 2023.

PRAYER :-For Anticipatory Bail in Crime No.252 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 316(2), 318(4), 336(2), 340(2) and 351(2) of BNS Act ( IPC Sections 406, 417, 465, 471, 506(II)), in Crime No.252 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner's wife is a tenant and the petitioner's wife has sub-leased the building to the 3rd accused who operated a hotel. In order to obtain a license from the Food Safety and Standards Authority of India (FSSAI), the 3rd accused has submitted fabricated documents, falsely portraying that a rental agreement had been executed between the defacto complainant and the petitioner and signature of the defacto complainant was forged in the said agreement. Hence, a case has been registered as against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that co-accused had 2/6

already been granted anticipatory bail by this Court dated 22.09.2025 in Crl.OP(MD).No.15929 of 2025. 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 for the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that there are no previous case pending against the petitioner and the petitioner along with his wife had vacated the leased premises.. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that there are no previous cases pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to 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 3/6

learned Judicial Magistrate No.IV, Tirunelveli, within a period of fifteen days from the date on which, the order copy was 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; [b] the petitioner shall report before the respondent police daily at 10.00 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[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 4/6

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.

(S S Y J) 06.01.2026 msrm To 1.The learned Judicial Magistrate No.IV, Tirunelveli.

2.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli City.

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

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S.SRIMATHY,J msrm

ORDER

IN 06.01.2026 6/6