Saravanan v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Saravanan ... Petitioner Vs.

State rep. by The Inspector of Police T1, Ambattur Police Station Ambattur, Thiruvallur District ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in connection with Crime No.391 of 2025 pending investigation on the file of the respondent police.

For Petitioner :

Mr.T.J.Kulasekar For Respondent :

Mr.L.Baskaran Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 02.05.2025, for the offences punishable under Sections 336(2), 336(3), 340(2), 1/7

319(2) and 318(4) of BNS, 2023, in connection with Crime No.391 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that on 29.04.2025 at about 19.00 hours, the de-facto complainant namely Thirumalai Sreethar, Sub Registrar, Office of the Sub Registrar, Konnur, Chennai lodged a complaint before the respondent police stating that one vendor in the name of Pandurangan, S/o.Perumal presented the documents for sale of vacant land at Plot No.6, Ganeshnagar, III Street, Villivakkam, Chennai, measuring 1210 sq.ft.and the Sub Registrar, on re-verification of finger prints of the said Pandurangan with his Aadar card number, the name of the Aadhar card was shown as M.Sekar, S/o.Munusamy instead of P.Pandurangan. Hence the case.

3. It is the contention of the learned counsel for the petitioner that the petitioner is an innocent purchaser intended to purchase a property at Plot No.6, Ganesh Nagar, III Street, Villivakkam, Chennai-600 049 from one Pandurangan. Prior to his purchase, the petitioner was given parent documents and the petitioner, after verifying the parents documents had entered into a sale agreement. While being so, 29.04.2025, when the documents were presented for 2/7

registration before the Sub Registrar Office Coonoor, the Sub Registrar had directed the vendor to produce the parent documents which was earlier registered with the Sub Registrar Office, Ambattur. On verification of the identification particulars like Aadhar card and finger prints, it was found that the aadar card of vendor namely Pandurangan shows the aadar card of one Sekar. Hence a complaint was lodged and initially, C.S.R 839 of 2025 was assigned. Thereafter, a FIR has been registered in Crime No.391 of 2025 and investigation is in progress. The learned counsel for the petitioner submitted that the petitioner is suffering incarceration from 02.05.2025 and he is ready to abide by any stringent condition 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 filed a counter affidavit stating that the petitioner/A1 in collusion with one Sekar had created a fake and fabricated document and cheated and tried to grab the amount of Rs.45,98,000/-. He further submitted that the petitioner is involved in another case in Crime No.107 of 2015 for the offences under Sections 465, 468, 471 and 420 r/w 34 IPC and after investigation, charge sheet has been filed in C.C No.240 of 2024 on the file of the Judicial Magistrate 3/7

No.II, Ponneri and the case is at the initial stage. The petitioner is habitually created and forged the documents. Hence, he strongly opposed to grant bail to the petitioner.

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

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner and that the documents are already in the custody of the police, this Court is inclined to grant bail to the petitioner with 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 Judicial Magistrate, Ambattur, and on further conditions that: [a] 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 4/7

proofs to ensure their identity;

[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of four weeks and thereafter, the petitioner shall appear before the Judicial Magistrate-II, Ponneri on all hearing dates;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] 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 Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

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

10.06.2025 uma 5/7

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, Ambattur.

2. The Inspector of Police T1, Ambattur Police Station Ambattur, Thiruvallur District

3. The Central Prison, Puzhal

4. The Public Prosecutor, High Court of Madras.

6/7

M.NIRMAL KUMAR, J.

uma 10.06.2025 7/7