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2026 DAILYLAW 87332 (MAD)

Senthilkumar v. The State of Tamil Nadu

CRL OP(MD)/1806/2026 · 2026-01-30

S Srimathy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.1806 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.1806 of 2026 1. Senthilkumar 2. Vasudevan ... Petitioners/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, DCB Police Station, Thanjavur District. Cr.No.25 of 2025. ... Respondent/Complainant For Petitioner : Mr.Gurumoorthy.S For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.1806 of 2026 PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.25 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 318(2), 318(4), 335, 336(2), 336(3), 337, 338, 61(2) of BNS, in Crime No.25 of 2025, seek anticipatory bail. 2. The case of the prosecution is that on 30.07.2025, Accused Nos. 1, 2 and 3 created fake documents, such as a death certificate and a legal heir certificate, as if the defacto complainant and his wife, Meena, had died and based on the said forged documents, executed a sale deed in favour of Accused No. 4 in respect of the property belonging to the defacto complainant. Hence, the case. 3. The learned counsel appearing for the petitioners submitted that 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.1806 of 2026 the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners. 4. The learned Additional Public Prosecutor appearing for the respondent Police submitted that the specific overt act against the petitioners are that they were witnesses in the documents. 5. Taking into consideration of the facts and circumstances of the case and also considering the specific overt act against the petitioners that they were only witnesses, this Court is inclined to grant anticipatory bail to the petitioners. 6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.1806 of 2026 two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioners shall report before the respondent police daily at 10.30 a.m for a period of one week and thereafter, as and when required for interrogation; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners shall not abscond either during investigation or trial; (e) on breach of any of the aforesaid conditions, the learned 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 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 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.1806 of 2026 Kerala [(2005) AIR SCW 5560]; and; (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023. (S S Y J) 30.01.2026 jbr TO 1. The District Munsif cum Judicial Magistrate, Thiruvidaimaruthur. 2. The Inspector of Police, DCB Police Station, Thanjavur District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. . 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.1806 of 2026 S.SRIMATHY,J jbr ORDER IN CRL OP(MD) No.1806 of 2026 Date : 30/01/2026 6/6 https://www.mhc.tn.gov.in/judis