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Madras High CourtCRL OP/15810/2025granted

E.Indira v. State Represented By

2025-08-18Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN E.Indira ... Petitioner Vs.

The State represented by, The Sub-Inspector of Police, Vadaponparappi Police Station, Kallakurichi District.

Crime No.114 of 2025 ... Respondent PRAYER : 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 connection with Crime No.114 of 2025, dated 23.04.2025 on the file of respondent Police.

For Petitioner :

Mr.J.Venkatraman For Respondent :

Mr.L.Baskaran, Government Advocate (Criminal Side) ******

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120B, 420, 465, 468, 471 of I PC and Section 82(d) of Registration Act, 1908, in Crime No.114 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/5

2. The case of the prosecution is that on 24.11.2021, the petitioner purchased land from the 9th accused, Mr.Kaliyamoorthy, through Sale Deed No.2701 of 2021 registered at SRO, Vadaponparappi. Accused Nos.1 to 9 had no saleable interest and sold the property using a forged patta. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent purchaser from the 9th accused and no way connecting to the alleged offence mentioned in the First Information Report in Crime No.114 of 2025.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing for granting anticipatory bail to the petitioner, reiterated the prosecution case.

5. Heard the learned counsels on either side and perused the materials available on record.

6.Considering the nature of offence and since, custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, on or before 25.08.2025 before the learned Judicial Magistrate Court, Sankarapuram, Kallakurichi, on condition that the petitioner shall execute 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 Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] if the petitioner fails to surrender before the said Magistrate on or before 25.08.2025, 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 the identity proofs to ensure their identity; [c] the petitioner shall report before the respondent police as and when required for interrogation; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial 3/5

Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

18.08.2025 nvi To 1.The Judicial Magistrate, Sankarapuram, Kallakurichi District. 2.The Sub-Inspector of Police, Vadaponparappi Police Station, Kallakurichi District.

3. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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