High Court · 2025

CRL.OP(MD). No.1394 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 03.04.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.1394 of 2025andCRL.OP(MD). No.1471 of 2025Ravichandran... Petitioner / Accused No.1Vs.The State of Tamil Nadu rep byThe Inspector of Police,District Crime Branch,Ramanathapuram District.(Crime No.2 of 2025)... Respondent /ComplainantPRAYER :- The Criminal Original Petition filed under Section 482 of the BharatiyaNagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to thepetitioner in Crime No.2 of 2025 on the file of the respondent-police.For Petitioner :Mr.A.Uthayakumar,AdvocateFor Respondent:Mr.R.Meenakshi Sundaram,Additional Public ProsecutorFor Intervener:Mr.N.Juliet Latha,Advocate1/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.1394 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 22.01.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioner, who apprehends arrest at the hands of the respondent policefor the alleged offence under Sections 420, 465, 468, 471 and 120(B) of IPC in CrimeNo.2 of 2025 on the file of the respondent police, seeks anticipatory bail. 3. The case of the prosecution is that the defacto complainant's husband wasthe exclusive owner of S.Nos.3/1 and 3/5 and the revenue records also stood in hisname. That apart, he was also the joint owner of S.No.3/7. Further that the defactocomplainant's husband died in the year 1997 and taking advantage of the same, A2executed a power of attorney in favour of A1 for all the properties in the year 2010.Based on that power of attorney A1 executed sale deed in favour of A3 andsubsequently, A3 executed a gift deed in favour of A4. 4. The petitioner, who is arrayed as A1, was already granted interim pre-arrestbail by this Court on 24.01.2025. The relevant portions of the said order are extractedhereunder: “3.The learned Counsel for the petitioner submitted that insofaras S.Nos.3/1 and 3/5 are concerned, the petitioner is giving an2/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.1394 of 2025undertaking that the sale deeds will be cancelled within a period offour weeks. He further submitted that insofar as S.No.3/7 is concerned,the husband of the defacto complainant does not have any right overthe property. 4.The learned Counsel for the defacto complainant submitted thatthe revenue records continued to stand in the name of the defactocomplainant's husband and that the defacto complainant is inpossession of the property. 5.Heard the learned Counsel appearing on either side. 6. Taking into consideration the specific stand taken by both sidesand the undertaking given by the petitioner, this Court is inclined togrant interim anticipatory bail to the petitioner subject to the followingconditions: (i) 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 tothe satisfaction of the respondent police or the police officer whointends to arrest or to the satisfaction of the learned Judicial MagistrateNo.II, Ramnathapuram. 3/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.1394 of 2025(ii) the petitioner and the sureties shall affix their photographsand Left Thumb Impression in the surety bond and the Magistrate mayobtain a copy of their Aadhar card or Bank pass Book to ensure theiridentity. (iii) the petitioner shall take immediate steps to cancel the saledeeds executed with respect to the property in S.No.3/1 and 3/5 withina period of four weeks from the date of receipt of a copy of this order. 7.Post the matter on 24.02.2025.”5. Mr.A.Uthayakumar, the learned counsel for the petitioner, submits that thepetitioner is an innocent person and has not committed any offence as alleged bythe prosecution. He further submits that the conditions imposed by this Court in theorder dated 24.01.2025 have been duly complied with, and that cancellation deedshave been executed and registered on 20.03.2025, bearing Document Nos. 434 of2025 and 455 of 2025, at the Sub-Registrar Office, Mudhukulathur, in respect ofSurvey Nos. 3/1 and 3/5, situated at Kakkoor Village. He also submits that thepetitioner is willing to abide by any conditions that may be imposed by this Court.Accordingly, he prays that an order of pre-arrest bail be granted to the petitioner. 4/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.1394 of 20256. Mr.R.Meenakshi Sundaram, the learned Additional Public Prosecutorappearing for the respondent police, confirms that the conditions imposed in theorder dated 24.01.2025 have been duly complied with by the petitioners. 7. Heard on either side. This Court has perused the records. 8. In view of the compliance of the earlier order, this Court is inclined to grantan order of pre-arrest bail to the petitioner subject to the following conditions:(i) The petitioner shall be released on pre-arrest bail in the event of his arrestor in the event of his surrender before the learned Judicial Magistrate No.II,Ramanathapuram District, within a period of 15 days from the date on which theorder copy is made ready, on executing a bond for a sum of Rs.25,000/- (RupeesTwenty Five Thousand only) along with two sureties each for a like sum ofRs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learnedJudicial Magistrate No.II, Ramanathapuram District.(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one ofidentity proofs to ensure their identity. (iii) The petitioner shall appear and sign before the respondent-police daily at10.00 a.m. until further orders.5/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.1394 of 2025 (iv) The petitioner shall make himself available for interrogation by a policeofficer as and when required.(v) The petitioner shall not, directly or indirectly, make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer.(vi) The petitioner shall also not, directly or indirectly, cause any threat to thedefacto complainant and witnesses and shall not tamper the evidence.(vii) The petitioner shall not leave India without the previous permission ofthe Court.(viii) The petitioner shall furnish his residential address and mobile numberto the concerned Magistrate.(ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate or Trial Court, as the case may be, is entitled to pass appropriate ordersagainst the petitioner in accordance with law as if the aforementioned conditions areimposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. Stateof Kerala [(2005) 13 SCC 283]. 6/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.1394 of 20259. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. Consequently, the connected miscellaneous petition isclosed. sd/- 03/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. PAL TO1.THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM DISTRICT.2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM3.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, RAMANATHAPURAM DISTRICT.4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.7/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.1394 of 2025 ORDER IN CRL OP(MD) No.1394 of 2025 Date :03/04/2025 PR/30.04 .2025 8P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8