Syed Sayeed Ahmed @ Syed Ahmed v. The State Rep By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Syed Sayeed Ahmed @ Syed Ahmed Petitioner Vs State by, Rep. By The Inspector of police, Vaniyambadi Town Police Station Thirupathur Crime No. 121 of 2025.

Respondent Prayer: Criminal Original Petition is filed under Section 482 of BNSS, 2023, praying to grant anticipatory bail to the petitioner in the event of his arrest by the respondent police in Crime No. 121 of 2025 pending investigation on the file of the respondent police. For Petitioner : Mr.R.Sankarasubbu For Respondent : Mr.S.Udayakumar Government Advocate (Criminal Side)

ORDER

Apprehending arrest in connection with Crime No. 121 of 2025 registered for the offences punishable under Sections 318(4), 319 and 351 of BNS against the petitioner, the present petition has been filed by

the petitioner seeking anticipatory bail.

2. The case of the prosecution is that the father of the de-facto complainant had purchased the property measuring to an extent of 1500 sqft comprised in Survey No.42/1 by virtue of Doc.No.2596 of 1978, dated 18.12.1978, Nadupattarai Village, Vaniyampadi. Thereafter, he died on 26.11.2002 leaving behind his legal heirs. In the meanwhile, the petitioner who is the brother of the de-facto complainant suppressing the other legal-heirs of the deceased father of the de-facto complainant, the petitioner obtained legal heir certificate in his name only and sold the aforesaid property. Hence, the respondent police registered a case against the petitioner.

3. The learned counsel for the petitioner submits that there was property dispute is pending between the petitioner and the de-facto complainant and it is a family dispute. He further submits that already a civil suit in O.S.No. 281 of 2021 is pending on the file of Sub Court, Vaniyampadi. He also submits that the petitioner is ready to abide by

any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that there was some property dispute between the petitioner and the de-facto complainant. He further submits that in this regard, a civil suit in O.S.No. 281 of 2021 is pending on the file of Sub Court, Vaniyambadi. However, he opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsels and perused the materials available on record.

6. Considering the aforesaid facts and circumstances, the submissions made by learned counsels on either side and in this regard, a civil suit in O.S.No. 281 of 2021 is pending on the file of Sub Court, Vaniyambadi, this Court is inclined to grant anticipatory bail to the

petitioner with certain conditions. 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 which the order copy made ready, before the learned Judicial Magistrate, Vaniyambadi, 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 condition that:

(a) If the petitioner fails to surrender before the concerned Magistrate, within a period of fifteen 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 the identity proofs to ensure their identity;

[c] 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;

[d] 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];

e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 18.09.2025 MSM To

1. The Judicial Magistrate, Vaniyambadi.

2. The Inspector of police, Vaniyambadi Town Police Station Thirupathur, Crime No. 121 of 2025.

3.The Public Prosecutor, High Court, Madras.

K. RAJASEKAR, J., MSM 18.09.2025