Abishek Kumar Vs The State of Tamilnadu Rep.by

respondent police for the offences punishable under Sections 406, 465, 467, 468, 471, 474, 109 and 34 of IPC, in Crime No.37 of 2025 on the file of the respondent police, seeks anticipatory bail.

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

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CRL OP(MD). No.17397 of 2025

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The case of the prosecution is that the petitioner/A2 is the son

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of A1. A1 had created a forged document and executed a sale deed in favour of his son/A2 and thus cheated the defacto complainant. Hence, the complaint.

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The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

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The learned Government Advocate (Criminal Side) submitted that the petitioner is the beneficiary of the sale deed and A1 has created fake life certificate and executed the sale deed. There is no previous case pending against the petitioner and the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioner.

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Considering the facts and circumstances of the case, and the petitioner is the beneficiary of the forgery done by his father/A1, and he

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

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CRL OP(MD). No.17397 of 2025

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was 20 years at the time of execution of sale deed, this Court is inclined

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

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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 learned Judicial Magistrate No.I, Madurai, Madurai District, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:

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[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;

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[b] the petitioner shall not deal with the

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property or encumber the property at any cost;

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[c] the petitioner shall report before the respondent police daily at 10.30 a.m until further orders;

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[d]the petitioner shall not tamper with the evidence or witness either during investigation or trial;

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

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CRL OP(MD). No.17397 of 2025

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PJL

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S.SRIMATHY, J.

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[e]the petitioner shall not abscond either during investigation or trial;

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[f]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 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];

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[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

16.10.2025

PJL

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