thiyagaraj Vs The state Rep by its, The Inspector of Police

To enlarge the Petitioners on bail in the event of his arrest by the Respondent Police pending investigation in Crime No.433 of 2025 on the file of the Respondent Police.

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For Petitioner(s): D.Padmanabhan G.Anbuselvan

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M.Muraliragul

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 16682 of 2025

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V.Vijayakumar

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M.Yogeswaran

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For Respondent(s): Mr.S.Udayakumar Government Advocate (Crl.side)

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ORDER

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The petitioner herein apprehends arrest at the hands of the respondent

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police for the offences punishable under Sections 316(5), 322, 319(1), 336(3),

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329(3), 351(3) of BNS Act in Crime No.433 of 2025, on the file of the

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respondent Police, seeks anticipatory bail.

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The allegation against the petitioner is that the petitioner joined hands

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with other accused, took advantage of the original owner's absence from the

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property created a bogus sale deed and power of attorney. Hence, the case.

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The learned counsel for the petitioner submitted that already

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documents alleged to be fabricated were cancelled now and the petitioner is

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ready to abide with any conditions that may be imposed by this Court, and

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therefore, he prayed to grant anticipatory bail to the petitioner.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 16682 of 2025

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The learned Government Advocate (Crl. Side) submitted that the

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property originally belonged to Sengamalam, who purchased it on December

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11, 1967 and passed away in the year 2010. Sengamalam, the mother of the defacto complainant, had four children. When, parthasarathy, visited the property, he found it fenced and upon applying for an Encumbrance Certificate,

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discovered four transactions. Hence, he opposed the grant of anticipatory bail to the petitioner.

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Heard the learned counsels on either side and perused the materials

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available on record .

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6 . Considering the nature of the offence and during the pendency of this

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petition, it is reported that the alleged fabricated documents Nos.15367/2023,

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20973/2022 and 7316/2017, executed by the petitioner, were canceled by way

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of separate cancellation deeds dated 02.07.2025 and 03.07.2025, this Court is

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inclined to grant anticipatory bail to the petitioner subject to certain conditions.

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7. Accordingly, the petitioner is ordered to be released on bail in the event

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CRL OP No. 16682 of 2025

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of arrest or on his appearance, within a period of fifteen (15) days from the date

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on which the order copy made ready, before the learned Judicial Magistrate-

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I, Tambaram, on condition that the petitioner shall execute a bond for a sum

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of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a

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like sum to the satisfaction of the learned Magistrate concerned, and on further

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condition:

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(a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

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(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation;

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(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 16682 of 2025

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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 v. State of Kerala

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[(2005) AIR SCW 5560];

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(e) If the accused thereafter absconds, a fresh FIR can be

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registered under Section 269 of BNS.

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24-09-2025

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(½)

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mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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To

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1.The Judicial Magistrate-I, Tambaram.

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2.The state Rep by its, The Inspector of Police, T-7 Otteri Police Station, Chengalpattu District. (Crime No. 433 0f2025) 3.The Public Prosecutor, High Court of Madras.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 16682 of 2025

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K.RAJASEKAR J. mpa

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CRL OP No. 16682 of 2025

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24-09-2025

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https://www.mhc.tn.gov.in/judis