V.Vimalkumar v. State Rep By Its The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. V.VimalKumar S/o Vinson No.1068, Ward No 46, Sathiya Moorthy Nagar, Vyasarpadi, Tamilnadu, Chennai 600 039

2. P.Dhana Sooriya C/o. Poongavanam, No 91, Radha Avenue, Valasaravakkam,Alwarthirunagar, Thiruvallur, Tamilnadu-600087 ..Petitioner(s) Vs State represented by its:

The Inspector of Police, Central crime branch Land Garbing wing.

Avadi , Tamil nadu - 600054 ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the Petitioners in the event of their arrest by the respondent police in Cr. No 51 of 2026 on the file of the respondent/ complainant.

For Petitioner(s):

Mr. Mohanraj S For Intervenor:

Mr. CPG. Yoganand For Respondent(s):

Mr.N.Palanivel, Govt Advocate (Crl Side)

ORDER

The petitioners, who apprehend arrest for the alleged offences under Sections 319(2), 318(4), 336(2), 336(3) and 340(2) of B.N.S.S. in Crime No.51 of 2026, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant namely Gayathri Sridharan is the absolute and exclusive owner of the land to an extent of 2100 sq. ft. Survey Nos.869/1 and 869/2, bearing Plot No.32, Yettiamman Nagar, Thirumullaiyoyal Village, Avadi Taluk, Tiruvallur District and she had purchased the said property in the year 1993. While so, on verification of encumbrance certificate, it was found by the defacto complainant that the above said property was sold by A1 S. Ramakrishnan by impersonating the defacto complainant as if she had given Power of Attorney to A1 and using the forged and fabricated General Power of Attorney, an agreement of Sale dated 20.01.2025 was entered into and the other accused had also actively involved in the said crime by colluding with A1. Hence the case.

3. When the case was taken up for hearing, the learned counsel appearing for the petitioners would submit that he wants to 'not press' the petition with regard to the 1st petitioner. Therefore, on the basis of the endorsement made by the learned counsel for the petitioners, this Criminal Original Petition, as far as the 1st petitioner is concerned, is 'dismissed as not pressed'.

3.1. As far as the 2nd petitioner is concerned, the learned counsel for the petitioner submitted that the petitioner is an innocent and he has nothing to do with the commission of offence as alleged by the prosecution. The learned counsel would further submit that the petitioner acted only as a mediator and apart from that, there is no overt act as against this petitioner. Hence, he prays to grant anticipatory bail to the petitioner.

4. At this juncture, the learned Government Advocate (Crl.Side) appearing for the respondent police would strongly oppose the application by stating that the 2nd petitioner has about 2 previous cases and he is habitual offender and hence strongly objected to grant anticipatory bail to the petitioner. The learned counsel appearing for the intervenor would also strongly oppose the application for anticipatory bail, by reiterating the prosecution case.

5. Heard the submissions made by the learned counsel on either side and perused the materials available on record.

6. From the submissions made by the learned Government Advocate, it is clear that as against the 2nd petitioner, there are 2 previous cases in Cr. Nos.384 of 2023 and 55 of 2023, which would clearly demonstrate that the petitioner is in the habit of committing similar offences and he is a person of recidivism and by his conduct, he has subverted the justice and misused the liberty granted by

this Court. Therefore, this Court is of the firm view that it is not desirable to consider the anticipatory bail application filed by the 2nd petitioner.

7. Accordingly, this Criminal Original Petition as against the 2nd petitioner is dismissed.

15-06-2026 [2/2] MJS 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-I, Poonamallee.

2. The Inspector of Police, Central crime branch, Land Garbing wing, Avadi , Chennai - 600054

3. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 15-06-2026 [2/2]