Eeswaramurugam vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 05.02.2026 for the alleged offences under Sections 419, 420, 465, 467, 468, 471, 380 r/w 34 of IPC, in Crime No.18 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner had created forged documents by impersonating the de facto complainant and sold the property to a third party in the year 2006. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner has been in custody since 05.02.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the bail application and submitted that the earlier bail application of the petitioner was dismissed by this Court in Crl.O.P.No.6115 of 2026 dated 10.03.2026 and further submitted that the investigation is almost completed and the charge sheet is yet to be filed.

From the submissions made by the learned Government Advocate (Crl.Side), though the earlier application was dismissed on 10.03.2026 on the ground that the investigation was at a preliminary stage, now the learned Government Advocate (Crl.Side) would fairly submit that the investigation is almost completed and the charge sheet is yet to be filed. Hence, taking into consideration the long incarceration of the petitioner since 05.02.2026 and the fact that the investigation is almost completed, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate-I, Kancheepuram, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police twice a day at 10.30 am and 5.30 pm. for a period of two weeks and thereafter as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.