R Krishnamurthy v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR AND CRL OP NO. 17565 OF 2024,CRL MP NO. 11780 OF 2025,CRL MP NO. 11783 OF 2025 R Krishnamurthy Petitioner(s) Vs The State Rep.by The Inspector of Police, Central Crime Branch (CCB) Police Station, Tirupur District. Crime. No. 5 of 2024 Respondent(s) CRL OP No. 17565 of 2024 K Selvi Petitioner(s) Vs The State rep. by

The Inspector of Police, Central Crime Branch (CCB) Police Station, Tirupur District. Crime. No. 5 of 2024 Respondent(s) CRL MP No. 11780 of 2025 Senthil kumar Petitioner(s) Vs

1. State Rep by Inspector of Police, Central Crime branch (CCB), Police Station, Tiruppur District. (Crime No.

5/2024) 2.R.Krishnamurthy Respondent(s) CRL MP No. 11783 of 2025 Senthil Kumar Petitioner(s) Vs State Rep By Inspector Of Police, Central Crime branch (CCB), Police Station, Tiruppur District. (Crime No.

5/2024) 2.Selvi Respondent(s)

Common Prayer: These Criminal Original Petitions are filed under Section 482 of BNSS, previously u/s 438 of Cr.P.C., to enlarge the petitioners on bail in the event of their arrest, registered in Crime No.5 of 2024, pending investigation before the respondent police.

CRL OP No. 17559 & 17565 of 2024 For Petitioner(s):

Mr.Akhil Bhansali For Intervenor:

Mr.S.Suresh For Respondent(s):

Mr.S.Udhayakumar Government Advocate (Crl.Side) CRL MP Nos. 11780 & 11783 of 2025 For Petitioner:

Mr.S.Suresh COMMON

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420 and 506(1) of the Indian Penal Code, 1860 in Crime No.5 of 2024, on the file of the respondent police, seek anticipatory bail.

2.The allegation against the petitioners is that the petitioners were running

a real estate firm in the name and style of M/s.Krishna Muruga Real Estate LLP and under the pretext of selling their land to the defacto complainant, collected a sum of Rs.2.64 Crores between 18.11.2023 and 12.12.2023. While the defacto complainant was arranging registration of the document, it revealed that the lands proposed to be sold in favour of the defacto complainant was already having various encumbrances and further it revealed that there was also a Civil Suit filed against the petitioners herein in O.S.No.237 of 2022 by one of the land owners. Hence, all these facts were suppressed and petitioners have collected huge amount under the pretext of selling the land. Hence, the case. 3.

The learned counsel for the petitioners submitted that purely based on the oral agreement between the parties and it is not the case of cheating and due to encumbrances in the properties the sale was not concluded, hence there is no criminality involved in this case. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. He further submitted that already this Court has granted bail with a condition to deposit Rs.1 Crore in this very same petition by order dated 31.07.

was challenged before the Hon'ble Apex Court and the Hon'ble Apex Court has set aside the conditions imposed by this Court and remanded back the matter to be heard afresh. Now, the investigation in this case was concluded and the final report was also filed and the same is taken on file in C.C.No.1355 of 2025, and hence, the learned counsel prayed for grant of anticipatory bail to the petitioners.

4.The learned counsel for the Intervenor submitted that even in the year 2022 itself, there was suits pending between the land owner and the petitioners herein and these facts were suppressed and knowing fully well that the land is having encumbrance, under the pretext of selling their land without proper documentation induced the defacto complainant to part with the money and accordingly huge amount has been received and the case is one of cheating and opposed to grant anticipatory bail to the petitioners. 5.The learned Government Advocate (Crl.Side) for the respondent reported that the investigation in this case was concluded and the final report

was also filed and the same is taken on file in C.C.No.1355 of 2025 and the Trial Court has also issued summons to the petitioners for their appearance. 6.Considering the nature of allegations, though it is stated that from the inception the petitioners were having an intention to cheat the defacto complainant, now the investigation was concluded and the final report was also filed and the same is taken on file and only summons have been issued for the appearance of the petitioners, I am of the view that there is no apprehension of arrest at this point of time. Hence, the petitioners are directed to appear before the concern Court after receiving the summons. 7.Accordingly, this Criminal Original Petition is closed. 17-11-2025 1/3 gbi

To 1.The State Rep.by The Inspector of Police, Central Crime Branch (CCB) Police Station, Tirupur District. Crime. No. 5 of 2024 CRL OP No. 17565 of 2024 To 1.The State rep. by The Inspector of Police, Central Crime Branch (CCB) Police Station, Tirupur District. Crime. No. 5 of 2024 CRL MP No. 11780 of 2025 To 1.Stat Rep by Inspector of Police, Central Crime branch (CCB), Police Station, Tiruppur District. (Crime No.

5/2024) 2.R.Krishnamurthy s/o. Ramasamy Gounder, No.69, Karumarapalayam, Uthukuli Main Road, Mannarai, Tiruppur - 641607.

3.The Public Prosecutor High Court of Madras.

CRL MP No. 11783 of 2025 To 1.Stat Rep By Inspector Of Police, Central Crime branch (CCB), Police Station, Tiruppur District. (Crime No.

5/2024) 2.Selvi W/o R. Krishnamurthy, No. 69, Karumarapalayam, Uthukuli Main Road, Mannarai, Tirupur 641607

K.RAJASEKAR J.

gbi CRL OP No. 17559 of AND CRL OP NO.

17565 OF 2024,CRL MP NO. 11780 OF 2025,CRL MP NO. 11783 OF 2025

17-11-2025