Sivaguru v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN

1. Sivaguru S/o. Ponnusamy, No.25 A First Floor, RVR House, Opp fire Office, West Kandhasamypuram, U.Keeranur, Ulundurpet, Kallakurichi District.

2. Akshai S/o Subramaniyan, No.3/207, East Street, TThakka, Thiruppeyar, Villupuram.

3. Rajendiran S/o Velusamy, T.Thakka, Thiruppeyar, Asanoor post, Villupuram District.

4. Ravi S/o.Pazhanivel, No.5/144, Perumal Kovil street, Sengurichi, Villupuram District.

Petitioner(s) Vs

1. The Inspector of Police, Ulundurpet Police Station, Kallakurichi

District. Crime No. 335 of 2023.

Respondent(s) PRAYER To enlarge the petitioners on bail in the event of bis arrest in Cr. No. 335 of 2023 on the file of respondent police and thus render justice. For Petitioner(s):

S Saravanakumar For Respondent(s):

Mr.S.Balaji, Government Advocate (crl.side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 423, 467, 468, 471 of IPC, in Crime No.335 of 2023, seek anticipatory bail. 2.

The case of the prosecution is that the defacto complainant's father had purchased the disputed property from one Ponnusamy (A2) in the year 1965; that thereafter A1 (1 st petitioner) to A3 by falsely claiming title over the property executed a partition deed between themselves on 23.01.1976 by document bearing Reg.No.201 of 1976; that thereafter A1 and A2 settled the property in favour of A5 and A6 (2 nd and 3 rd petitioners) who subsequently executed documents transferring the property.

3.

The learned counsel for the petitioners would submit that the allegations are false; that the allegations are borne out by records; and that the custodial interrogation is not required since the investigation has been completed and the final report has been filed. 4.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and confirmed the fact that the final report has been filed.

5.

It is seen from the FIR that the only grievance of the complainant is that after his father had purchased the property, the vendor and his brothers entered into a partition in the year 1976 by falsely claiming title to the property. The said allegations are borne out by records. Further, the final report has now been filed.

6.

Considering the aforesaid facts, the nature of allegations, this Court is of the view that custodial interrogation of the petitioners are not required and is inclined to grant anticipatory bail to the petitioners with certain conditions.

7.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.I, Ulundurpet, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and 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 Trial Court on all hearing dates.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioners shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the

petitioners 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

23-04-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Inspector of Police, Ulundurpet Police Station, Kallakurichi District. Crime No. 335 of 2023.

SUNDER MOHAN J.

gbi CRL OP No. 12236 of 23-04-2025