Thmizharasan v. The Station House Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Tamizharasan .. Petitioner Vs.
The Station House Officer, District Crime Branch-II, Cuddalore Police Station, Cuddalore District.
(Cr.No.5/2025) .. Respondent PRAYER: Criminal Original Petition is filed under Section 483 of BNSS, to enlarge the petitioner on bail in pending investigation Crime No.5 of 2025 on the file of the respondent Police.
For Petitioner : Mr.R.Muruga Bharathi For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side) For Intervenor : Mr.Stephen Raj
ORDER
The petitioner, who was arrested and remanded to judicial custody on 25.04.2025, for the offence punishable under Sections 423, 465, 467, 468 & 471 of IPC, 1860 & Section 82(a) of the Registration Act, 1908 in Page No.1 of 4
connection with Crime No.5 of 2025 on the file of the respondent, seeks bail.
2. The case of the prosecution is that the defacto complainant's father had purchased a land and 54 ares of extent of 738 sq.mtr was given away in favour of the National Highways Department. They had mortgaged the said property with the Primary Agricultural Cooperative Credit Society as surety for an agricultural loan. After his demise, the vendor of the said property, A1 from whom the defacto complainant purchased this property, had made another sale deed in favour of Pazhani A2 and the petitioner and they had also mutated the patta in their names. Hence the case. 3.The learned counsel for the petitioner submitted that it is false that A1 had made an illegal transfer of property in favour of him and A2. The OS.No.342/2024 is pending before the Subordinate Court, Panruti with regard to land dispute. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case. The petitioner is ready to abide by any condition imposed by this court. Hence, he prays for grant of bail.
4. Mr.Stephen Raj, learned intervening counsel submitted that A2 and A3 after committing forgery of document, filed CS.No.342/2024. On Page No.2 of 4
coming to know about the complaint, defacto complainant also filed OS.No.4 / 2025 which is pending before the Sub-Court, Panruti. The said civil suit itself is based on the forged document and now it is termed as that the case is of civil in nature.
5. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that petitioner along with the bank officials who claims that the property sold by A1, had created non-traceable certificate knowing well that the defacto complainant has pledged the property, suppressing the facts, A1 and A3 in collusion and connivance, have committed the offence of creating forged document to sell the property. Since it is a created defence of A1, pending of the said Civil Suit cannot be countenanced. He further submitted that the A1 and A2 are absconding and investigation is in the crucial stage. Hence, he strongly opposed to grant bail to the petitioner.
6. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and learned intervening counsel and perused the materials available on record. M.NIRMAL KUMAR, J.
gv Page No.3 of 4
7. Considering the submission made by the learned counsel appearing on either side and grave nature of offence, this Court is not inclined to grant bail to the petitioner at this stage. Hence, this Petition is dismissed. 17.06.2025 Note :
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.
To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To 1.The Judicial Magistrate No.II, Panruti, Cuddalore District.
2.The The Station House Officer, District Crime Branch-II, Cuddalore Police Station, Cuddalore District.
3.The Superintendent, Central Prison,Cuddalore 4..The Public Prosecutor, Madras High Court. Crl.O.P.No.15473 of 2025 Page No.4 of 4