S.Shajika v. State of Tamilnadu Rep by Inspector of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.12.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN CRL OP(MD)No.23955 of 2025 S.Shajika ... Petitioner Vs The State of Tamil Nadu Rep. by the Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District. Crime No.24 of 2025) ... Respondent For Petitioner : Mr.S.Sangita For Respondent : Mr.S.Prakash Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.24 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.5, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 120(B), 420, 465 & 468 of IPC in Crime No.24 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that A1 and A2 are the parents of the petitioner. While they are owning only 60 cents of land, the accused persons / A1 & A2 executed a settlement deed in favour of A3 in respect of 90 cents of land in Re.S.No.617/2. The petitioner / A5 is alleged to have signed as a witness in the said document. It is further alleged that the accused persons illegally occupied 25 cents of land belonging to the defacto complainant's wife. Hence the complaint.

¶3The learned Counsel for the petitioners would submit that the petitioners were not involved in any of the offences as alleged by the prosecution. The petitioners are innocents and they are falsely implicated in this case. He further submits that the petitioners are ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl.side) would submit that this Court had already granted anticipatory bail to the accused persons A1 to A4 in

Crl.O.P.(MD)No.15911

of

2025,

dated

15.10.2025. He would further submit that the offences committed by the petitioner are serious in nature. However, he prays to dismiss this Criminal Original Petition.

¶5Considering the facts and circumstances of this case and considering the fact that A1 to A4 have already been granted anticipatory bail by this Court in Crl.O.(MD)No.15911 of 2025, dated

15.10.2025, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

¶6Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Kuzhithurai, on condition that 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 to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner 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 petitioner shall report before the respondent Police on Monday & Friday at 10.30 a.m.until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner 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 Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

(M J R J)

26.12.2025 rmi TO

1.The Judicial Magistrate No.II, Kuzhithurai.

2.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. M.JOTHIRAMAN,J rmi ORDER IN CRL OP(MD) No.23955 of 2025 Date : 26.12.2025