Iyyanar Vs State rep. by The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of his arrest in Crime No.02 of 2026 on the file of the respondent police.

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For Petitioners : Ms.T.Murugananthan For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

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

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Crl.O.P.No.4492 of 2026

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O R D E R

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The petitioners herein apprehends arrest at the hands of the respondent

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police for the offences punishable under Sections 61(2), 318(4), 336(3) and 340(2) of BNS ( 120(B), 420, 468, 421 of IPC) in Crime No.02 of 2026, on the file of the respondent Police, seeks anticipatory bail.

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The allegation against the petitioners is that the petitioners herein

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are A1 to A6 in this case and it is alleged that taking advantage of the liquor addiction of the defacto complainant, forcibly taken him to the Registrar Office and obtained signature in various document and subsequently he came to know that they obtained signature to execute sale deed in favour of A2 and A3 without paying the sale consideration. Hence, the case was registered.

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The learned counsel for the petitioners submitted that the allegations

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regarding execution of sale deed was taken place inside the Registration Office, it is not a case of forcible execution of document and it is only a voluntary act by the defacto compalainant. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

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

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Crl.O.P.No.4492 of 2026

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The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that t three cheques were issued for payment of sale consideration, however there no cheques were presented in bank and it is a case of cheating and the investigation is pending. Hence, he opposed for grant of anticipatory bail to the petitioners.

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Admittedly, all the transaction were borne out of records and though it is stated that no sale consideration was passed on and the same is subject to investigation, however execution of sale is by way of registered documents and the custodial interrogation of the petitioner is not required for investigating the case of this nature, this Court is inclined to grant anticipatory bail to the petitioners.

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Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.6, Salem on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties each

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for a like sum to the satisfaction of the learned Magistrate concerned, and on 3/6

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Crl.O.P.No.4492 of 2026

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further condition that:

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[a] if the petitioners fails to surrender before the concerned Magistrate within a period of ten 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 the identity proofs to ensure their identity;

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[c] the petitioners shall report before the respondent police daily at 10.30.a.m., for a period of two weeks and thereafter as and when required for interrogation;

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[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283 ];

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Crl.O.P.No.4492 of 2026

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[e] If the accused thereafter absconds, a fresh FIR

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can be registered under Section 269 of B.N.S.

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24.02.2026