P.Ramachandran v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-07-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN P.Ramachandran Petitioner(s) Vs The Inspector of Police, Sankarapuram Police Station, Kallakurichi District.

Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in the event of arrest U/s, 318(4), 322, 338, 336 (2) and (3), 340 (2) of BNS r/w 82 d of Registration Act in Crime No. 126/2025 on the file of respondent Police. For Petitioner(s):

Mr.Kathirudayan C.

For Respondent(s):

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 318(4), 322, 338, 336(2)(3) and 340(2) of the BNS r/w 82 d of Registration Act, in Crime No.126 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.

The case of the prosecution is that one Elumalai lodged a complaint against the petitioner and other accused persons stating that they had fabricated documents and executed a settlement deed in favour of A2 vide a document no.5199/2024 to the extent of 37 cents situated at Arasampattu Village on 19.08.2024.

3.

It is also the case of prosecution that the disputed property originally belonged to the first petitioner's father, who acquired it by a partition deed and thereafter sold the property to the de facto complainant's father, who is his brother.

4.

The learned counsel appearing for the petitioner submits that the petitioner is innocent and had not committed any offence as alleged by the prosecution. He further submitted that the co-accused was arrested and released on bail before this Court in Crl.O.P.No.6436 of 2025 dated 02.04.2025. He further submitted that the petitioner is ready to produce solvent sureties and to abide with any conditions that may be imposed by this Hon'ble Court, therefore, he prayed to grant anticipatory bail to the petitioner. 5.

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 and other accused persons stating that they had fabricated documents and executed a settlement deed in favour of A2 vide a document no.5199/2024 to the extent of 37 cents situated at Arasampattu Village on 19.08.2024. Hence, he opposed for grant of anticipatory bail to the petitioner. 6.

Heard both sides and perused the materials available on record.

7.

Considering the submissions made on both sides, facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

8.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sankarapuram 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: [a] the petitioner and 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.

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period

of two weeks and thereafter as and when required for further 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 B.N.S. gbi 14-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Inspector of Police, Sankarapuram Police Station, Kallakurichi District.

2.The Judicial Magistrate, Sankarapuram.

3.The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN J.

gbi CRL OP No. 16246 of 14-07-2025