G Dhanapal Vs The State Rep By, The Inspector of Police

PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.452 of 2026 pending investigation on the file of the first respondent police.

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For Petitioner: Mr.A.Parthipan For Respondent: Mr.N.Palanivel Government Advocate (Crl.Side)

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ORDER

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The petitioner apprehends arrest for the alleged offence under Sections

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406, 420, 468 r/w 471 of Indian Penal Code, 1860 in Crime No.452 of 2026 on

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the file of the respondent police seeks anticipatory bail.

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The case of the prosecution is that the accused persons, by cheating and

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using forged documents, allegedly cheated the defacto complainant and unlawfully alienated the property belonging to the legalheirs. Hence the case.

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

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CRL OP No. 15302 of 2026

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The learned counsel for the petitioner submitted that the petitioner is innocent has not committed any offence as alleged by the defacto complainant, and has been falsely implicated in this case. He further submitted that the FIR

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was registered on 02.06.2026 for an occurrence that took place between 04.10.2019 and 28.04.2024. It is further submitted that the petitioner is ready to abide by any conditions imposed by this Court and will fully cooperate with the investigation. Hence, he prayed for the grant of anticipatory bail to the petitioner.

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The learned Government Advocate (Crl.Side) appearing for the respondent submitted that accused persons, by cheating and using forged documents, allegedly cheated the defacto complainant and unlawfully alienated the property belonging to the legal heirs. Hence, he opposed to grant anticipatory bail to the petitioner.

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I have given anxious consideration to the submissions made by the learned counsel on either side.

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Considering the facts and circumstances of the case and also taking note of the submissions made by the learned counsel on both sides, the FIR was registered on 02.06.2026 for an occurrence that took place between 04.10.2019 and 28.04.2024. At this length of time, custodial interrogation of the petitioner

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

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CRL OP No. 15302 of 2026

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is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions

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Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned District Munsif -

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Cum Judicial Magistrate Court, Madhavaram, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty

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Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

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(a) If the petitioner fails to surrender before the concerned learned 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 15 days and thereafter, as and when required for interrogation;

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

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CRL OP No. 15302 of 2026

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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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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 [(2005) AIR SCW 5560];

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(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

17-06-2026

NSL

To