Periyasamy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Periyasamy, No 4/10 , G1, Baby Flats, Appu, 1st Street, Mylapore, Chennai.

..Petitioner(s) Vs State rep by The Inspector of Police, Team-5, Central Crime Branch, Tambaram City Police, Sozhinganallur, Chennai-119.

(Cr.No.147 of 2019) ..Respondent(s) PRAYER: Criminal Original Petition has been filed under Section 482 of BNSS, praying to enlarge the petitioner on bail in the event of his arrest in connection with Cr.No.147 of 2019 on the file of the Respondent police and proper under the circumstances of the case and thus render justice. For Petitioner(s):

Mr.S.Madhusudanan For Respondent(s):

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

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 419, 420, 465, 468, 471 r/w 34 of Indian Penal Code in Crime No.147 of 2019 seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant, one Jayachandran lodged a complaint against the petitioner alleging that one Saraswathay sold a property measuring 2 grounds to one Swaminathan in the year 2016 for a sum of Rs.80,00,000/-. Subsequently, it came to light that the said Saraswathy was an impersonator. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. The petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and he opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner, intervenor and the learned Government Advocate (Crl.Side) for the respondent.

6. I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

7. From the submissions made by either side, it is seen that the petitioner claims to be only a broker. However, according to the prosecution, all four accused persons, in connivance with A1, impersonated another person and sold the property. Though there is an allegation against the petitioner, it is seen that the occurrence took place in the year 2016 and the FIR came to be registered only in the year 2019. Hence, considering the facts and circumstances of the case and the lapse of time, the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail.

8. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate - I, Tambaram, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

16-06-2026 Index: Yes/No Speaking/Non-speaking order AH To 1.The Inspector of Police, Team - 5, Central Crime Branch, Tambaram City Police, Sozhinganallur, Chennai - 119.

2.The Judicial Magistrate - I, Tambaram, Chennai.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

AH 16-06-2026