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Madras High CourtCRL OP/21549/2025dismissed

Abul Asan Kuthoos v. The Inspector Of Police,

2025-10-25Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Abul Asan Kuthoos ... Petitioner Vs.

The State Rep. By, The Inspector of Police, CCB, LD-I, Avadi Police Station, Avadi - 600 054.

Crime No.24 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 the event of their arrest in Crime No.24 of 2025 on the file of the respondent police.

For Petitioner :

Mr.M.Soundar Vijay Arulram For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side) For Intervenor : Mr.M.Sridhar 1/5

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 465, 467, 468, 471, 420 of IPC in Crime No.24 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The allegation against the petitioner is that the petitioner joining hands with other accused fabricated the patta in the year 2019 and subsequently executed settlement deed based on the fabricated patta in favour of A2 and further on the strength of the settlement deeds, sale deeds were also executed in favour of other accused and thereby cheated the defacto complainant.

3. The learned counsel appearing for the petitioner submitted that, petitioners have purchased the property from the power agent of A2 and the petitioner is an innocent purchaser and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner. 2/5

4. The learned counsel for the intervenor submitted that, while executing the sale deed in favour of the petitioner, they have changed the description of the property as if they purchased the property which belongs to other purchaser. He further submitted that, the petitioner has purchased the property from one Mohan as per the sale deed dated 31.08.2023 and while inspecting the property, it was found that the petitioner has encroached the property and hence, he opposed for grant of anticipatory bail to the petitioner.

5. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the petitioner along with other accused created various documents for the purpose of creating titles including the settlement deed, power agent and power of attorney and further petitioner, is not the bonafide purchaser. Hence, he opposed for grant of anticipatory bail to the petitioner.

6. It is seen that, no where in the parent document it contains street names for the schedule of the property except in the settlement deed that too in the handwritten and also considering the conduct of the petitioner that he 3/5

along with other accused executed sale deed without valid sale consideration, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original petition is dismissed. 25.10.2025 sma 4/5

K.RAJASEKAR, J.

sma To 1.The Inspector of Police, CCB, LD-I, Avadi Police Station, Avadi - 600 054.

2.The Public Prosecutor, High Court of Madras.

25.10.2025 5/5