Mahaveer Chand Bora v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Mahaveer Chand Bora N.No.47, O.No.20/1,V.S.Mudali Street, Saidapet, Chennai.

..Petitioner Vs The State Rep By, The Inspector of Police C-3, Manimangalam Police Station, Manimangalam, Tamilnadu - 601301.

(Crime No.Not Known/2026) ..Respondent Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, pleased to grant ANTICIPATORY BAIL to the Petitioner in the event of arrest in connection with Crime No. NOT KNOWN of 2026 pending investigation on the file of respondent police. For Petitioner :

Mr. K.Suthan For Respondent :

M/s. J.R. Archana, Government Advocate (Crl.side)

ORDER

The petitioner apprehends arrest for the alleged offences under Sections 420, 465, 468, 471 and 120B of the Bharatiya Nyaya Sanhita (BNS) 2023, in Crime No.21 of 2026, on the file of the respondent police and seek anticipatory bail.

2.

The allegation against the petitioner is that, he was authourised under a Power of Attorney to sell only 14 cents of land. However, he allegedly sold 42 cents land. It is further alleged that the remaining 28 cents belonged to the defacto complainant's father and that the petitioner had no authority to sell the said extent. Hence, the present complaint has been registered. 3.

The learned counsel for the petitioner submitted that the transaction took place in the year 1991 and that it is not a case of fabrication of documents. According to the petitioner, the sale was effected based on a valid Power of Attorney and the extent mentioned in the sale deed reflected in the records at that time. He further submitted that the petitioner is an elderly person aged about 76 years and that the dispute arises out of old transactions borne out by records. Since custodial interrogation is not required, he prayed for grant anticipatory bail to the petitioner.

4.

The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner, by misusing the Power of Attorney, sold 42 cents instead of 14 cents, and thereby included 28 cents of land allegedly belonging to the defacto complainant's father, thus cheating him. She submitted that investigation is going on and opposed for the grant of anticipatory bail to the petitioner.

5.

Considering the above facts and circumstances of the case, the nature of allegations, the fact that the transaction dates back to the year 1991, the materials being borne out by records, and also taking into account that the petitioner is a 76 year old senior citizen, and that custodial interrogation is not necessary to investigate the case of this nature, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 6.

Accordingly, the petitioner is 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 Court at Sriperumbudur, on condition that the petitioner shall execute separate 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 fails to surrender before the concerned 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 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 aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner was 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 thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

16.02.2026 klt

To 1.

The learned Judicial Magistrate Court at Sriperumbudur. 2.

The Inspector of Police, C-3, Manimangalam Police Station, Manimangalam, Tamilnadu - 601301 3.

The Public Prosecutor, High Court of Madras, Chennai.

K.RAJASEKAR, J.

klt 16-02-2026