Govardhun v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR 1.K.Govardhun

2. G.Santhi ... Petitioners Vs.

The State Rep. By, The Inspector of Police, District Crime Branch, Kancheepuram, Kancheepuram District.

Crime No.20 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of his arrest in Crime No.20 of 2025 on the file of the respondent police.

For Petitioners :

Mr.Ramalingam Nandakumar For Respondent :

M/s.J.R.Archana Government Advocate (Criminal Side) 1/6

O R D E R

The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420 read with Section 34 of IPC in Crime No.20 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner is the brother and sister-in-law of the defacto complainant and in the year 2003, defacto complainant executed a power of attorney in favour of A1 and subsequently by altering the survey number, A1 executed sale deed in favour of his wife/A2. Hence, the complaint has been lodged by the defacto complainant alleging that her property situated in another survey number has been grabbed by the petitioners. Hence, the case has been registered.

3. The learned counsel appearing for the petitioners submitted that the alleged transactions have been taken place in the year 2003 and 2004 and further entire sale consideration was paid to the defacto complainant. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that though power of attorney is concerned with one survey number and by altering the survey number, sale deed was executed. Hence, it is a case of land grabbing and hence he prays to grant anticipatory bail to the petitioner.

5. Considering the fact that the alleged transaction taken place in the year 2003 and 2004 and after 21 years, the present complaint has been lodged, hence this Court is inclined to grant anticipatory bail to the petitioners with certain conditions:

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Kancheepuram, Kancheepuram District, 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 fails to surrender before the concerned Magistrate within a period of ten days from 3/6

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;

[c] 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;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 30.01.2026 sma 4/6

To

1. Judicial Magistrate No.I, Kancheepuram 2.The Inspector of Police, District Crime Branch, Kancheepuram, Kancheepuram District.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 30.01.2026 6/6