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Judgment
The petitioners, who were arrested and remanded to judicial custody on 29.09.2026 for the alleged offence under Sections 419, 465, 468, 467, 471, 420 and 120(b) IPC in Crime No. 80 of 2026 on the file of the respondent police, seeks bail.
The case of the prosecution is that the de facto complainant, who is a resident of the USA, alleges that after her father’s demise in the year 2021, the accused persons forged her signature to pledge two residential properties as collateral for a loan. It is further alleged that the accused fraudulently encashed her late father’s LIC policy worth approximately Rs.23 Lakhs using a forged No Objection Certificate (NOC) and a notarised succession certificate, and also misappropriated around Rs.6.76 Crores invested in her father’s business concern. Hence, the complaint.
The learned counsel for the petitioners submitted that the petitioners were arrested and remanded to judicial custody on 29.09.2026. He further submitted that A4, who is the financier, has already been granted anticipatory bail by this Court vide order dated 08.10.2026 passed in Crl.O.P.No.28897 of 2026. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioners.
Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioners have no previous cases pending against them and that investigation is still pending. Hence, he opposed the grant of bail to the Petitioners.
At this juncture, the learned counsel for the petitioners submitted that the petitioners have nothing to do with the alleged offence. However, in order to show their bonafides, the petitioners, without prejudice to their defence and contentions before the trial Court, are ready and willing to deposit a sum of Rs.5,00,000/- jointly to the credit of Crime No.80 of 2026 before the Court concerned. Hence, he prayed for grant of bail to the petitioners.
I have given my anxious consideration to either side submissions and perused the materials available on record.
Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side, and the nature of the dispute between the siblings, this Court takes into account the period of incarceration already undergone by the petitioners since 29.09.2026. Furthermore, considering the fact that the petitioners have volunteered to deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) jointly to the credit of the Crime Number, this Court is inclined to grant regular bail to the petitioners, subject to the following conditions.
Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 No.I, Poonamallee, 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 petitioners, without prejudice to their rights and contentions before the trial Court, are directed to deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the credit of Crime No.80 of 2026 before the Court concerned, at the time of furnishing sureties;
[c] On such deposit being made, the Trial Court shall redeposit the said amount in a Fixed Deposit Account, in any one of the Nationalised Banks, renewable thereafter periodically. The disbursal of this amount shall be decided at the culmination of the criminal case.
[d] The petitioner in Crl.O.P.No.30526 of 2026, shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required;
[e] The petitioner in Crl.O.P.No.30524 of 2026, being a women, shall report before the respondent police as and when required;
[f] the petitioner shall not abscond either during investigation or trial;
[g] the petitioner shall not tamper with the evidence or witness either during investigation or trial;
[h] 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];
[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
