Shahjahan vs State Of Tamil Nadu

R.Vijayakumar, J

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 336(2), 338, 336(3), 340(2), 319(2), 318(4), 351(2), 61(2) of BNS in Crime No. 12 of 2026 on the file of the respondent police, seeks anticipatory bail.

The case of the prosecution is that while the defacto complainant was abroad, A1 impersonated himself as the defacto complainant and obtained forged document and sold the property. This petitioner has witnessed those documents. Hence, the case.

The 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. Hence, he prayed to grant Anticipatory Bail to the petitioner.

The 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 336(2), 338, 336(3), 340(2), 319(2), 318(4), 351(2), 61(2) of BNS in Crime No. 12 of 2026. 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.

Heard both sides and perused the materials available on record.

Considering the rival submissions made on either side and the nature of offences charged against the petitioner, and considering the facts that the petitioner is only the witness in those documents and there is no specific overt-act as against the petitioner, 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-IV, Trichirappalli, and on further conditions that:

[b] the petitioner shall report before the respondent police, on the first day of every English Calender month at 10.30 a.m. until further orders;

[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.