Esakkiammal v. State of Tamilnadu Rep by Inspector of Police, Ccb

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Esakkiammal ...Petitioner/Accused -9

Vs State of Tamil Nadu rep. by The Inspector of Police, CCB Tirunelveli Police Station Tirunelveli. (Crime No. 2 of 2026 )

...Respondent

For Petitioner : Mr.R.J.Karthick

Advocate.

For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :-For Anticipatory Bail in Cr.No. 2 of 2026 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 465, 468, 471, 120B of IPC in Crime No. 2 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the defacto complainant owned a land and the petitioner and other accused colluded together and fraudulently registered a power of attorney and sold the land. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. He would further submit that there is a civil dispute between the parties and a civil suit is also pending between them and also A1 to A8 were already granted bail. Hence, he prayed to grant Anticipatory Bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) would submit that based on the complaint given by the defacto complainant, a case has been registered for the offences punishable under Sections 465, 468, 471, 120B of IPC in Crime No. 2 of 2026. He further submits that there is a civil dispute between the parties and the petitioner has no previous case. He would further submit that the investigation is pending and the offences are grave in nature and hence, he opposed to grant anticipatory bail to the petitioner.

¶5Heard both sides and perused the materials available on record.

¶6Considering the rival submissions made on either side and the nature of offences charged against the petitioner, and considering the facts that there is a civil dispute between the parties and a civil suit is also pending between them and even according to the prosecution, the petitioner has only given objection to the Sub Registrar claiming property and apart from that there is no allegation as against this petitioner and all the serious allegations are as against the other accused and also A1 to A8 were already granted bail and also the petitioner has no previous case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is 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-I, Tirunelveli, and on further conditions that: [b] the petitioner shall report before the respondent police, on every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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.

(P D B J)

29.04.2026 apd

To

1.The Judicial Magistrate-I, Tirunelveli.

2.The Inspector of Police, CCB Tirunelveli Police Station Tirunelveli.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLeOP(MD).eNo.e8581eofe2026 oooooP.oDHANABAL,oJ oooooooooooooooooooooooooooooooooooooooooooooapd oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.o8581oofo2026 ooooooooooooooooooooooooooooooDateoo:o29.04.2026