E.V. Loganathan v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.Nos.6543 & 6545 of 2025 E.V.Loganathan .. Petitioner in both Crl.O.Ps Vs.
The State rep by The Inspector of Police, Central Crime Branch, Avadi, Avadi Commissionerate.
(Crime No.89 of 2024) .. Respondent in Crl.O.P.Nos.6543 of 2025 The State rep by The Inspector of Police, Central Crime Branch, Avadi, Avadi Commissionerate.
(Crime No.90 of 2024) .. Respondent in Crl.O.P.Nos.6545 of 2025 PRAYER in Crl.O.P.No.6543 of 2025: 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 in Crime No.89 of 2024 on the file of the respondent Police.
PRAYER in Crl.O.P.No.6545 of 2025: 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 in Crime No.90 of 2024 on Page No.1 of 7
the file of the respondent Police.
In both Crl.O.Ps.
For Petitioner : M/s.T.Muruganantham For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side) COMMON ORDER This is the second anticipatory bail application filed by the petitioner before this Court.
2.
Though the earlier anticipatory bail petition of the petitioner was dismissed by my learned predecessor, Hon'ble Justice A.D.Jagadish Chandira, this petition is listed before this Court pursuant to the orders passed by the Hon'ble Division Bench of this Court in Crl.O.P.No.31787 of 2024 on 04.03.2025.
3.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 419, 420, 465, 467, 468, 471 and 120(B) in Crime No.89 of 2024, seeks anticipatory bail. Page No.2 of 7
4.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 319, 336, 338, 339 and 61(2) of BNS in Crime No.90 of 2024, seeks anticipatory bail. 5.
The case of the prosecution is that the defacto complainant lodged a complaint against the accused, alleging fabrication of documents and impersonation to grab the property in S.Nos.202/1 and 202/3, measuring 2277 sq.ft., in Kolappakkam Village, Kundrathur Taluk, belonging to the de-facto complainant. Hence, this case. 6.
The learned counsel for the petitioner would submit that, the co-accused, who had purchased the property, settled the matter by returning the money and executing a sale deed in favour of the defacto complainant and sought for anticipatory bail to the petitioner. 7.
The learned Government Advocate (Crl. Side) appearing for the Page No.3 of 7
respondent police, while opposing the grant of anticipatory bail to the petitioner submitted that this is the second anticipatory bail application filed by the petitioner.
8.
Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent and perused the materials available on record.
9.
This Court, while dismissing the anticipatory bail had recorded the fact that the matter was settled but observed that the petitioner had committed the offence and hence, does not deserve the benefit of anticipatory bail. The relevant portion, reads as under: "8. Considering the above facts and circumstances of the case, though the co-accused has purchased the property, and later, upon coming to know about the fabrication of documents and impersonation, settled the matter by returning the money and executing a sale deed in favour of the defacto complainant, but, as far as this petitioner is concerned, he was well aware of all these facts and has committed the offence."
Page No.4 of 7
10.
Therefore, this Court finds no change in circumstances and is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.
07.03.2025 Index : Yes / No Internet : Yes / No dpa To 1.The Inspector of Police, Central Crime Branch, Avadi, Avadi Commissionerate.
2.The Public Prosecutor, Madras High Court, Chennai.
Page No.5 of 7
SUNDER MOHAN , J.
dpa Crl.O.P.Nos.6543 & 6545 of 2025 Page No.6 of 7
07.03.2025 Page No.7 of 7