Pathmanaban Alias Padmanapan Vs State Rep. By

Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on anticipatory bail in the event of their arrest in Crime No.222 of 2025 on the file of the respondent police.

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For Petitioners : Mr.K.Pragadeeshkumar

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For Respondent : Mr.S.Udaya Kumar, Government Advocate (Crl. Side)

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O R D E R

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The petitioners, who apprehend arrest by the respondent police for

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the offences punishable under Sections 120(B) and 420 of IPC,1860 in

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Crime No.222 of 2025 seek anticipatory bail.

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

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2.The allegation against the petitioners is that the first petitioner, who

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is the brother of the defacto complainant, taking advantage of the relationship, created and fabricated revenue documents in his favour with the help of the second petitioner, who is a retired Deputy Tahsildar. Hence, the complaint.

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3.The learned counsel appearing for the petitioners submitted that there is no fabrication of records and that the allegations alleged to have taken place in the year 2023 and there has already been a partition effected between the parties. Only based on the partition patta was obtained and there is no fabrication. He further submitted that they are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

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The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the investigation is still pending. Hence, he opposed for grant of anticipatory bail to the petitioners.

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Heard the learned counsel for the petitioners as well as the learned Government Advocate (Crl.side) and perused the materials available on record.

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

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On perusal of the records and other related documents, it is seen

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that the majority of the allegations regarding obtaining the patta was taken

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place prior to 2023 and there was also a notice between the parties regarding the dispute and thereafter the complaint was lodged in the year 2025. Since the custodial interrogation of the petitioners are not required for investigating the case in this regard, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

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Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.I, Mannargudi on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only), each 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 Magistrate concerned and on further condition that:

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(a) 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;

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(b) the petitioners shall report before the respondent police, everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

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(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

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(d) the petitioners shall not abscond either during investigation or trial;

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(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners 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;

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(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

25.10.2025

drl

To

1.The Judicial Magistrate No.I, Mannargudi.

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