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Madras High CourtCRL OP/1355/2026granted

Kumar v. State Inspector Of Police

2026-01-23Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 1355 of 2026 Kumar

...Petitioner

Versus

The State rep. by The Inspector of Police V4, Rajamangalam Police Station Rajamangalam Chennai, In Crime No. 309 of 2023.

Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest pending investigation in Cr.No. 309 of 2023 on the file of the respondent police.

For Petitioner : Mr.R.Mahendran For Respondent : Ms.J.R. Archana Government Advocate (Criminal Side) ----

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 465, 467, 468, and 471 of IPC in Crime No. 309 of 2023, on the file of the respondent Police, seeks anticipatory bail.

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2.The allegation against the petitioner is that the petitioner herein is the tenant and the de-facto complainant is the landlord. The petitioner allegedly fabricated the signature of the de-facto complainant on rental receipts, as if he had paid the rent, and used the same for the purpose of advancing his case. Hence, the case has been registered.

3. The learned counsel for the petitioner submitted that the case was registered in the year 2023 and the petitioner is ready to co-operate with the investigation, and therefore, custodial interrogation of the petitioner is not necessary. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submitted that the petitioner herein is involved in fabricating records and using it to conduct the case, and since the investigation is pending, he opposed granting anticipatory bail to the petitioner.

5. Heard the learned counsels and perused the materials available on record.

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6. Considering the nature of the allegations and facts and the circumstances of the case, and allegations levelled is borne out of records, I am of the view that the custodial interrogation of the petitioner is not necessary to investigate the case of this nature, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned XIII Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioners 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 condition that: (a) If the petitioners fail to surrender before the concerned Magistrate, within a period of fifteen 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 the identity proofs to ensure their identity;

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[c] the petitioner shall submit his sample signature during the investigation for the purpose of investigation before the Investigating Officer concerned.

[d] the petitioners shall report before the respondent Police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation;

[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. 23.01.2026 MSM 4/6

To 1.The XIII Metropolitan Magistrate, Egmore, Chennai. 2.The Inspector of Police V4, Rajamangalam Police Station Rajamangalam Chennai, In Crime No. 309 of 2023.

3. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

MSM Crl.O.P.No. 1355 of 2026 23.01.2026 6/6