Shajahan vs The State Of Tamil Nadu
2026 Latest Caselaw 2682 Mad

Citation : 2026 Latest Caselaw 2682 Mad
Judgement Date : 21 May, 2026

[Cites 1, Cited by 0]

Madras High Court

Shajahan vs The State Of Tamil Nadu on 21 May, 2026

Author: R.Vijayakumar

Bench: R.Vijayakumar

                                                                           CRL OP(MD). No. 9758 of 2026




                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               ( Criminal Jurisdiction )

                                                  Date : 21.05.2026

                                                      PRESENT

                                  THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR

                                            CRL OP(MD). No. 9758 of 2026


                     Shahjahan                                    ...Petitioner/Accused -5
                                                       Vs

                     State of Tamil Nadu rep. by
                     The Inspector of Police,
                     CCB Police Station,
                     Trichy.
                     (Crime No. 12 of 2026)                        ...Respondent


                                      For Petitioner : Mr.SMA. Jinnah
                                                     Advocate.
                                      For Respondent : Mr.S.S.Manoj
                                                     Government Advocate (Crl.Side)


                           PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS

                     PRAYER :-

                           For Anticipatory Bail in Cr.No. 12 of 2026 on the file of the

                     1/6




https://www.mhc.tn.gov.in/judis
                                                                        CRL OP(MD). No. 9758 of 2026


                     respondent police.

                     ORDER :

The Court made the following order :-

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.

2. 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.

3. 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.

https://www.mhc.tn.gov.in/judis

4. 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.

5. Heard both sides and perused the materials available on

record.

6. 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:

https://www.mhc.tn.gov.in/judis

[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

https://www.mhc.tn.gov.in/judis

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].