- Court
- High Court of Madras
- Decided
- 1 April 2026
- Bench
- P.Dhanabal
- Case no.
- CRL OP(MD) 6354/2026
Judgment
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01/04/2026 CORAM THE HONOURABLE MR. JUSTICE P. DHANABAL
¶1Mariya Pushparani
¶2Anthonyammal
¶3Mariya Viyagapparaj
¶4Francis Jeyabalan
¶5Yesukani Rajendiran ... Petitioners/Accused Vs State of Tamilnadu Rep by, Inspector of Police, Koppampatti Police Station, Thoothukudi. Crime No. 12 of 2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No. 12 of 2026 on the file of the respondent Police. For Petitioners : Mr.A.Marimuthu,
Advocate.
For Respondent : Mr.P.Kottaichamy,
Government Advocate (Crl.Side) ORDER : The Court made the following order :-
The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 49, 179, 335 and 338 of BNS, 2023, in Crime No.12 of 2026 on the file of the respondent police, seeks anticipatory bail.
¶2The case of the prosecution is that the petitioners are said to have forged the document and executed a sale deed infavour of A2 to A5 and obtained bank loan for sum of Rs.3,60,000/- and thereby cheated the complainant. Hence, a case has been registered against the accused for the aforesaid offences. Hence, this petition.
¶3The learned counsel for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. He would further submit that it is purely a civil dispute. The case of the complainant is that the accused are claiming a right over the property on 17.03.2020. But, FIR has been registered on 31.01.2026 after a lapse of 5 years and the petitioners/A1 to A5 are all same family members and no previous cases is pending against them. Hence, he prays to grant anticipatory bail to the petitioners.
¶4The learned Government Advocate (Crl. Side) would submit that originally the disputed property belonged to the complainant's father. After his demise, the accused obtained a fake legal heir certificate and executed a sale deeds in favour of A2 to A5 as if the same was executed by the son of the deceased father. However, he fairly conceded that no previous case is pending against the petitioners.
¶5Heard both sides and perused the materials available on record.
¶6Considering the rival submissions on either side and the nature of offences, and there is a property dispute between the parties and the alleged occurrence took place in the year 2022 and the complaint was registered in the year 2026 (31.01.2026) and the material part of investigation might have been completed by this time and no previous case is pending against the petitioners, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on anticipatory bail on condition to 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.II, Kovilpatti, Thoothukudi, and on further conditions that: [b] the petitioners shall report before the respondent police daily at 10.30 a.m until further orders. [c] the petitioners shall not commit any offences of similar nature. [d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
01.04.2026 dss
To
1.The Judicial Magistrate No.II, Kovilpatti, Thoothukudi.
2.Inspector of Police, Koppampatti Police Station, Thoothukudi.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoOP(MD).oNo.6354oofo2026 ooooooooooooooooooooooooooooooooP.oDHANABAL,J ooooooooooooooooooooooooooooooooooooooooooooo dss oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.6354oofo2026 ooooooooooooooooooooooooooooooDateoo:o01/04/2026
Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.