S.Sankar v. State Represented By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR S.Sankar ......Petitioner/ A11 Vs.

The State rep by The Inspector of Police, Land Fraud Investigation Wing-2, Gama-4 Vepery, Chennai-600 007 Crime No.50 of 2025 ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023 to enlarge the petitioner on bail in connection with CCB Crime No.50 of 2025 on the file of respondent police.

For Petitioner : M/s.L.Muralikrishnan For Respondent : M/s.V.J.Priyadarsana Government Advocate (Crl.Side) For Intervenor :Mr.R.Lakshmi Narayan 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 25.04.2025, for the alleged offences punishable under Sections 420, 465, 467, 468, 471 r/w 34 and 120(B) of IPC, in CCB Crime No.50 of 2025, on the file of respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is the absolute owner of the subject property measuring an extent of 2840 Sq.feet situated in Balaji Nagar Layout in Plot NO.61, Madipakkam village, Sholinganallur Taluk. It is alleged in the FIR that in the encumbrance certificate, it was shown as if A1 allegedly purchased the subject property in the year 1965 and executed a settlement deed vide settlement deed Doc.No.1228 of 1965 before SRO, Velacherry dated 07.10.2020 in favour of one Ramesh Kumar/A2/Son of A1. Based on the settlement deed, the said Ramesh Kumar executed a power of attorney in favour of one C.Selvanagarajan/ A3 vide Power Doc.No.4214/2020 before SRO, Velachery dated 07.10.2020 and A4/petitioner herein has signed as witness-1 in the documents thereby, the 1st and 2nd accused have fabricated the fraudulent documents and deeds in order to grab the property. Hence, the case. 2/6

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that he has not committed any offence as alleged by the prosecution. He would submit that the petitioner has been in judicial custody from 25.04.2025. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that there are totally four accused in this case and the accused persons/A1 to A4 fabricated the documents as if A1 purchased the subject property in the year 1965 thereby, executed a settlement deed in favour of A2 and thereafter, A1 and A2 executed a power of attorney in favour of A3 and A4 is a witness to the above said documents.

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

6. Considering the submissions of the learned counsel on either 3/6

side and the period of incarceration undergone by the petitioner and the overtact against the petitioner is that he is only a witness to the above said documents, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Court of Exclusive Trial of CCB and CBCID Metropolitan Magistrate, Egmore, Chennai and on further conditions that:- [a] 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;

[c] the petitioner shall report before the concerned Magistrate/Judge daily at 10.30 a.m on every Monday to Friday and appear before the respondent police at 10.30 a.m on every Saturday and Sunday until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; 4/6

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 51340];

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

21.05.2025 nr 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 official website of this Court will be watermarked and will also have a QR code.

N.SENTHILKUMAR ,J.

5/6

nr To 1.The Court of Exclusive Trial of CCB and CBCID Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, Land Fraud Investigation Wing-2, Gama-4 Vepery, Chennai-600 007 3.The Superintendent, Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras.

21.05.2025 6/6