Sheik Mohammed v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-07-2025
CORAM
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN Sheik Mohammed Petitioner(s) Vs The State represented by The Inspector of Police, Central Crime Branch - III, Kama-6 Land Grabbing Investigation Unit-II, Veperi, Chennai - 600 007, Crime No.55 of 2014 Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of his arrest in the above Crime No.55 of 2014 on the file of The Inspector of Police, Central Crime Branch - III, Kama-6, Land Grabbing Investigation Unit-II, Veperi, Chennai - 600 007. For Petitioner(s):
Mr.K.Ravikumar For Respondent(s):
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
ORDER
The petitioner who apprehends arrest for the alleged offence punishable under Sections 419, 420, 465, 467, 468 and 471 r/w 120B of IPC in Crime No.55 of 2014, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner alleged to have illegally dealt with a portion of the lands comprised in Survey No.136/1 on the strength of the General Power executed by the defacto complainant. Hence, the case.
3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. However, on instructions, he further submits that the petitioner, without prejudice to his rights, is ready to abide any condition imposed by this Honourable court. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the
respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and submitted that the petitioner alleged to have illegally dealt with a portion of the lands comprised in Survey No.136/1 on the strength of the General Power executed by the defacto complainant. Hence, he opposed for grant of anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.
6. Considering the submissions made on either side; nature of allegation; and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:
(a) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Chief Metropolitan
Magistrate Court, Egmore, Chennai-8 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[b] the petitioner shall report before the respondent everyday at 10:30 a.m., for a period of two weeks and thereafter as and when required for interrogation;
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioner 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 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 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
14-07-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The State represented by The Inspector of Police, Central Crime Branch - III, Kama-6 Land Grabbing Investigation Unit-II, Veperi, Chennai - 600 007, Crime No.55 of 2014
2. The Chief Metropolitan Magistrate Court, Egmore, Chennai-8.
3.The Public Prosecutor, High Court of Madras, Madras.
G.K.ILANTHIRAIYAN J.
gbi CRL OP No. 15944 of 14-07-2025