K. Venkatesan v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR K.Venkatesan ... Petitioner / A6 Vs.

The State Represented By, The Inspector of Police, Kallakurichi Police Station, Kallakurichi District.

Crime No.373 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Snahita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in respect of Crime Number 373 of 2025, on the file of the Inspector of Police, Kallakurichi Police Station, Kallakurichi District, pending investigation. For Petitioner :

Mr.Viswanathan SB For Respondent :

Mr.A.Gopinath, Government Advocate (Criminal Side) ************ 1/6

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 20B, 420, 465, 468, 471 of the Indian Penal Code, read with Section 82(d) of the Registration Act, as registered on the file of the respondent police, and therefore seeks anticipatory bail.

2. The case of the prosecution is that after selling a piece of land to the de-facto complainant, Amudha, in the year 2013, the first accused settled a portion of the said land in favour of her son, Senthil (A2). Subsequently, the second accused sold the said land to the third accused, Sivakumar. The fourth accused, Selvam, is the document writer of the sale deed executed in favour of the third accused. Thereafter, the third accused mortgaged the said land to M/s. Shriram Finance Ltd., and the fifth accused, Ramachandran, was the Manager of the said finance company at the relevant time. The sixth accused, Venkatesan (the petitioner herein), and the seventh accused, Thirumurugan, are the document writers who drafted the mortgage deed. The eighth accused, Sivakumar, and the ninth accused are the Sub-Registrars. It is alleged that all the accused conspired together to cheat the de-facto complainant, grabbed the property.

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3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the case. Hence, he prays that anticipatory bail be granted to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution's case and submitted that the investigation in this case has already been completed and the final report has been filed. The case is now pending in C.C. No. 1465 of 2025 on the file of the Judicial Magistrate-I, Kallakurichi. However, he opposed the grant of anticipatory bail to the petitioner.

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

6. Considering the fact that final report is filed, this Court is inclined to grant anticipatory bail to the petitioner, subject to 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 ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate's Court, Kallakurichi, 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 3/6

concerned, and on further condition that:

[a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten 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 concerned Court daily at 10.30.a.m., for a period of three 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];

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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 14.10.2025 nvi To 1.The Judicial Magistrate's Court, Kallakurichi 2.The Inspector of Police, Kallakurichi Police Station, Kallakurichi District..

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J., nvi 14.10.2025 6/6