S Rajesh v. The State Rep By Its Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2025

CORAM

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN S.Rajesh, M/53 years S/o Seshachalam, No.9, Tamilmuthu Nagar, Kondur, Cuddalore 607 002.

..Petitioner/Accused-5 /versus/ The State Rep.by its Inspector of Police, Pudupettai Police Station, Cuddalore District.

(Crime No.139 of 2025) ..Respondent/Complainant Prayer:

Criminal Original Petition has been filed under Section 482 of BNSS, to enlarge the petitioner on bail in the event of arrest in respect of Crime No.139 of 2025 on the file of the Inspector of Police, Pudupettai Police Station, Cuddalore District. For Petitioner :Mr.J.Rajmohan For Respondent :Mr.S.Vinoth Kumar,GA(Crl.Side) For Intervener :Mr.KR.Ashwin Kumar 1/5

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police, for the alleged offences punishable under Sections 120, 318, 335, 336, 337, 338 of BNS Act 2023 and 82(a) of Registration Act, 1908 in Crime No.139 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.It is alleged that the petitioner, who was working as a Sub Registrar (Incharge) in the Sub Registrar Office, Pudupettai, has been implicated as one of the accused in a case involving the registration of a forged document by impersonation.

3.The learned counsel appearing for the petitioner submitted that the petitioner as a Sub Registrar (Incharge) had no knowledge about the forged document. That apart, the said document has already been rectified, thereby the defacto complainant's grievance has been redressed. Whether the petitioner, as a Sub Registrar, had any mens rea to commit the alleged offence is a matter for investigation. Hence, this Court is 2/5

inclined to grant anticipatory bail to the petitioner with the following conditions.

8. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, on or before 04.09.2025 before the learned Judicial Magistrate No.II, Panruti, on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a likesum to the satisfaction of the learned Magistrate concerned and on further conditions:

(a)If the petitioner fails to surrender before the concerned Magistrate on or before 04.09.2025, 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;

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(c)The petitioner shall report before the respondent police 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 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 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.

21.08.2025 ari To 1.The Judicial Magistrate No.II, Panruti.

2.The Inspector of Police, Pudupettai Police Station, Cuddalore District. 3.The Public Prosecutor, High Court, Madras.

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DR.G.JAYACHANDRAN,J.

ari 21.08.2025 5/5