M.Sekar v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-11-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR and Crl.M.P.No.14982 of 2025
1. M.Sekar S/o.V.Murundan, No.4741, Rajendra Prasad Street, Madura Mondiamman Nagar, Padiyanallur, Chennai - 600 052.
Petitioner(s) Vs
1. The Inspector of Police, Land Grabbing, Central Crime Branch (CCB), Avadi, Chennai. (Crime Number not known of 2024) Respondent(s) PRAYER To enlarge the Petitioner on bail in the event of his arrest in connection with Cr.No.124 of 2024 and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case to render justice. For Petitioner(s):
R.C.Paul Kanagaraj For Respondent(s):
Mr.S.Udayakumar Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 120B, 419, 465, 468, 467, 471 & 420 of IPC in Crime No. 124 of 2024, seeks anticipatory bail.
2. The allegation against the petitioner is that the de facto complainant is residing in Mumbai, and his mother had properties at Nallur village, Ponneri. While availing an Encumbrance certificate, he came to know about various documents registered, as if there was a power of attorney executed by one K. Purushotaman S/o.Kesavan, in favour of one A. Ramachandran. Based on this power of attorney, properties were also dealt with by various persons, including the petitioner. Hence, a complaint has been lodged.
3. The counsel for the petitioner submitted that there is a dispute over the title, and two groups of legal heirs are claiming rights over the property. He further submitted that the alleged transactions took place between 2006 and 2007, and now the complaint has been lodged. He further submitted that the petitioner is ready to cooperate with the investigation, and there is no fabrication of records or impersonation and cheating. Hence prays to grant
anticipatory bail.
4. The Government Advocate (criminal side), reported that A1 and A2, joining hands with this petitioner, fabricated various documents, such as a power of attorney, sale deed etc., for the purpose of grabbing the land belonging to the de facto complainant's family members. Hence, an FIR is registered, and opposed to grant anticipatory bail.
5.I have gone through the FIR and other connected records. It reveals that the alleged transactions took place in 2006 and 2007, and it is also stated that there was impersonation and cheating. Since all the alleged transactions are borne out from the records, I am of the view that custodial interrogation in this case is not necessary. Hence, I am inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial MagistrateI, Poonamallee, 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:
(a) If the petitioners fails to surrender before the concerned 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 three 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
14-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mpa To 1.The Judicial Magistrate I, Poonamallee.
1.The Inspector of Police, Land Grabbing, Central Crime Branch (CCB), Avadi, Chennai. (Crime Number not known of 2025) 3.The Public Prosecutor High Court of Madras.
K.RAJASEKAR J.
mpa CRL OP No. 19807 of and Crl.M.P.No.14982 of 14-11-2025