Varatharajulu v. State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :23.06.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.OP.No.16578 of 2025 Varatharajulu ... Petitioner Vs.

State rep. by The Inspector of Police Thirunindravur Police Station, Avadi, Tiruvallur District Crime No.60 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in Crime No.60 of 2025 on the file of the Respondent police. For petitioner :

Mr.K.Prasath For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 318(4), 336(2), 336(3) & 340(2) of BNS Act in Crime No.60 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the accused is the uncle of the defacto complainant. The accused and the father of the defacto complainant were in possession of the joint patta. Suppressing the same, the accused executed the 1/4

settlement deed in favour of his wife by furnishing the fraudulent patta, chita and adangal. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that he is in no way connected with the alleged offence. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police has reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioner,

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

6. Considering the above facts and circumstances of the case that the re is a civil dispute pending between the petitioner and the defacto complainant in respect of patta and there is no forgery but only suppression of the fact and custodial interrogation of the petitioner does not require in this case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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 on 2/4

which the order copy is made ready, before the learned Judicial Magistrate No.II, Thiruvallur, 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions 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 daily 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. G.K.ILANTHIRAIYAN.,J.

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[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 229A IPC.

23.06.2025 To

1. The Judicial Magistrate No.II, Thiruvallur

2. The Inspector of Police Thirunindravur Police Station, Avadi, Tiruvallur District

3. The Public Prosecutor High Court, Madras.

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