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Madras High CourtCRL OP/4811/2026granted

C.Sekar v. The State Rep By,

2026-02-26Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.4811 of 2026 C.Sekar ... Petitioner Vs.

The State rep by:

The Inspector of Police, District Crime Branch, krishnagiri.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to grant bail to the petitioner in the event of arrest in Cr.No.24 of 2025 on the file of the respondent police. For Petitioner : Ms.Saritha Sivakumar For Respondent : Ms. J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 420, 466 and 468 of IPC in Cr.No.24 of 2025 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 ranked as A2 in this case and A1 has approached the defacto complainant to offer to sell his land, which was under the mortgage with the bank. Accordingly, the defacto complainant had paid Rs.20,00,000/- to redeem the loan. After redeeming the loan, the original documents were handed over to the defacto complainant. In the meantime, A1 obtained certificate to show that original sale deeds were missing and by using the certificate, sold the property in favour of A2, the petitioner herein, which led to registration of the case. Hence, the present petition has been filed seeking anticipatory bail.

3. The learned counsel appearing for the petitioner submitted that the petitioner is only the purchaser of the property and after complying all the legal formalities, he has purchased the property and he has not involved in cheating the defacto complainant and he has not collected any money from the defacto complainant. He further submitted that the petitioner is ready to cooperate for the investigation and also ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side), appearing for the respondent police, reiterated the prosecution case and submitted that the 2/5

petitioner herein is ranked as A2 and investigation in this case is pending. He further submitted that A1 was already arrested and enlarged on bail. However, he vehemently opposed the grant of anticipatory bail.

5. Heard both sides and perused the materials available on record.

6. Considering the fact that the majority of the allegations are levelled only against A1 in this case and the money was also paid to A1. Further, A1 was enlarged on bail, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. 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 made, before the learned Judicial Magistrate-II, Krishnagiri 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 learned Magistrate concerned, and on further condition that:

(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, 3/5

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 three 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 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

26.02.2026 Vv To 1.The Judicial Magistrate-II, Krishnagiri 2.The Inspector of Police, District Crime Branch, krishnagiri.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.4811 of 2026 26.02.2026 5/5