(Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the petitioner on bail in the event of their arrest in connection with Crime No.36 of 2025 on the file of the respondent police.)

1. The petitioners apprehend arrest for the alleged offences under Sections 406, 465, 467, 468 and 471 of the Indian Penal Code in Crime No.36 of 2025 on the file of the respondent police and seek anticipatory bail.

2. The allegation against the petitioners is that the petitioners fabricated certain documents, including a death certificate, legal heirship certificate and patta records, in respect of the property in question. Hence, the case has been registered.

3. The learned counsel for the petitioners would submit that originally the property belonged to the petitioners’ ancestors. After the demise of the petitioners’ grandfather, the property devolved upon his son, and thereafter, upon his demise, it devolved upon the petitioners, their mother and other legal heirs. It is further submitted that the brothers of the first petitioner also passed away, and subsequently, the mother executed a settlement deed in favour of the first petitioner. Thereafter, the first petitioner executed a settlement deed in favour of the second petitioner in respect of the property comprised in S.F.Nos.21/13A and 21/13B, Ward No.B, Block No.58. The learned counsel would further submit that the petitioners have not fabricated any document and that the complaint has been lodged alleging fabrication of the father’s death certificate, legal heirship certificate and patta records, which according to him is false. Hence, he prayed for anticipatory bail.

4. The learned Senior Counsel appearing for the intervenor opposed the anticipatory bail application and submitted that though the petitioners may belong to the family of the predecessors in title, the materials prima facie indicate that the property originally belonged to the family of Masilamani, Kesavan Naidu and Vembuli Naidu and that the petitioners have created documents to project semblance of right over the said property.

5. The learned Government Advocate (Crl. Side), appearing for the respondent police, reiterated the prosecution case and, upon instructions, submitted that the petitioners have fabricated Government records.

6. It is brought to the notice of this Court that when the accused were produced before the learned Judicial Magistrate for remand, the learned Magistrate declined to authorise remand by placing reliance upon the judgment of the Hon’ble Supreme Court of India in the case of “Mihir Rajesh -vs- State of Maharashtra” reported in 2025 Supreme (Online) SC 9939. Though the learned Senior Counsel appearing for the intervenor submitted that the said order is under challenge, it is not in dispute that no stay has been granted, and as a matter of fact, this Court has already granted interim protection to the petitioners.

7. It is a well-settled principle of law that, by virtue of the judgments of the Hon’ble Supreme Court of India in “Satender Kumar Antil v. CBI”, reported in (2025) SCC OnLine SC 1578 and the case of “Satender Kumar Antil v. Central Bureau of Investigation and others” reported in (2026) INSC 115 unless there is a compelling reason, remand or arrest shall not ordinarily be resorted to by the Investigating Authority merely for the purpose of investigation. Further for effecting an arrest, there must be a reasoned order, which shall not be a mere formality.

8. In the present case, the dispute appears to revolve around title and documentary claims over immovable property, which would require examination of documents in detail. At this stage, custodial interrogation of the petitioners does not appear to be necessary. It is also relevant to observe that the grant of bail serves as an important check and balance in the criminal justice system, ensuring that no individual is subjected to unnecessary incarceration before guilt is established in accordance with law. Therefore, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. It is made clear that if the petitioners do not co-operate with the investigation, it is always open to the prosecution to seek cancellation of anticipatory bail in accordance with law.

9. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.1, Tambaram on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

               (a) If the petitioner(s) fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

               (b) 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 identify proofs to ensure their identity;

               (c) The petitioner(s) shall report before the respondent Police, everyday at 10.30 a.m., for a period of six weeks and thereafter, as and when required for interrogation;

               (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner(s) in accordance with law as if the conditions have been imposed and the petitioner(s) released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

               (e) If the petitioner(s) thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. Consequenlty, the connected miscellaneous petition is closed.