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2026 DAILYLAW 38017 (MAD)

Boserani v. The State Of Tamilnadu Rep By The Inspector Of Police, Dcb

CRL OP(MD)/11546/2026 · 2026-06-22

P Dhanabal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No. 11546 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 11546 of 2026 Boserani ...Petitioner/Accused Vs State of Tamil Nadu rep. by The Inspector of Police, District Crime Branch Police Station Ramanathapuram. (Crime No. 3 of 2026) ...Respondent/Complainant For Petitioner : Mr.S.Veerapandiselvaraj Advocate. For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl.Side) For Intervenor : Mr.S.Sathyachidambaram PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 3 of 2026 on the file of the respondent police. 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 11546 of 2026 ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 14.05.2026 for the offences punishable under Sections 336(2), 336(3), 340(2), 318(4), 319(2) and 61(2) of BNS, 2023 in Crime No. 3 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that A1 to A4 were created forged death certificate and legal heir certificate in the name of the father of the defacto complainant and forgedly executed sale deed in favour of A5. Hence, the case. 3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the co-accused were granted anticipatory bail. He would further submit that he has been arrested and remanded to judicial custody on 14.05.2026. Therefore, prayed to grant bail for the petitioner. 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 11546 of 2026 4. The learned counsel for the intervenor would submit that A1 to A4 forged the death certificate and legal heir certificate of his father and sold the properties in favour of A5 and thereby, they committed serious offence and hence, he strongly opposed to grant bail to the petitioner. 5. The learned Government Advocate appearing for the respondent would submit that based on the complaint given by the defacto complainant, the case has been registered for the offences punishable under Sections 336(2), 336(3), 340(2), 318(4), 319(2) and 61(2) of BNS, 2023 in Crime No. 3 of 2026. He would further submit that the investigation is pending and the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner. 6. This Court heard both sides and perused the materials available on record. 7. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the facts that the alleged occurrence took place in the year 2021-25; however, FIR has 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 11546 of 2026 been registered only on 08.05.2026 belatedly, and even according to the prosecution, the alleged offences are borne out of records, thereby, there is no scope to tamper the evidence and co-accused were also released on anticipatory bail and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on 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.2, Ramanathapuram, and on further conditions that: [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected; [d] the petitioner shall not abscond either during 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 11546 of 2026 investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [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 BNS. (P D B J) 22.06.2026 apd (1/4) 5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 11546 of 2026 To 1.The Judicial Magistrate No.2, Ramanathapuram. 2.The Inspector of Police, District Crime Branch Police Station Ramanathapuram. 3. The Superintendent, Sub Jail, Paramakudi. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 11546 of 2026 P. DHANABAL, J apd ORDER IN CRL OP(MD) No. 11546 of 2026 Date : 22.06.2026 (1/4) 7/7 https://www.mhc.tn.gov.in/judis