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Madras High CourtCRL OP/2843/2026granted

Sathish Kumar v. State Rep By Inspector Of Police

2026-02-06Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR

1. S. Sathish kumar

2. M. Ramesh Kumar

3. V.Kalavathy ..Petitioner(s) Vs The State Rep.by., Inspector of Police Central Crime Branch ACP-I, Team-II Chennai - 119 Cr.No.8 of 2026 ..Respondent(s)

Prayer: This petition is filed under Section 482 of BNSS to enlarge the petitioner/3rd 4th and 5th accused on bail in the event of his arrest, by the respondent police in Crime No. 8 of 2026, on the file of the Respondent police herein and thus render justice.

For Petitioner(s):

V. Babu For Respondent(s):

Ms.J.R. Archana, Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehends arrest by the respondent police for the offences punishable under Sections 419,420,465,467,471 r/w 120 b of IPC in Crime No.8 of 2026 seek anticipatory bail.

2.The case of the prosecution is that totally there are six accused in this case and the petitioners herein arrayed as 3rd, 4th and 5th accused in this case. The allegation against the first and second petitioners/A3 and A4 is that they joined hands with other accused and created forged documents and executed power of attorney to A2 by impersonating themselves as owners of the property. Thereafter, A2 sold the property in favour of A5. In both the documents the second and third petitioners/ 4th and 5th accused stood as attesting witness. Hence the case.

3.The learned counsel appearing for the petitioners submitted that after registration of the F.I.R they have cancelled the sale deed and there there is no encumbrance in the property and ready to co-operate with the investigation and abide by any other stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the alleged sale deed was cancelled and investigation in this case is almost completed. However, he opposed for grant of anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioners as well as the learned Government Advocate (Crl.side) and perused the materials available on record.

6. Considering the submissions made by the learned counsel on either side, the fact that the alleged sale deed is cancelled and further the allegations against the petitioner are borne out of records and now there is no encumbrance in the property due to cancellation of sale deeds, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate Court Court No.1 at Tambaram, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only), each with two sureties, each for a like sum to the satisfaction

of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall report before the respondent police, everyday at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation; (c) The petitioners shall submit their sample signatures/thumb impression before the respondent police for the purpose of investigation if any required. (d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners shall not abscond either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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) AIR SCW 5560]; and;

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

06-02-2026 Index: Yes/No Speaking/Non-speaking order SMN To

1. The Judicial Magistrate Court Court No.1 at Tambaram, Chennai

2. The Inspector of Police,Central Crime Branch ACP-I, Team-II,Chennai - 119 3.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

smn 06-02-2026