M.Govindasamy v. State,Represented By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Govindasamy ... Petitioner Vs.

State Rep by, The Inspector of Police, District Crime Branch, Salem District.

Crime No.09 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.09 of 2025 on the file of the Inspector of Police, District Crime Branch, Salem District.

For Petitioner :

Mr.Vijaya Basker N For Respondent :

Mr.S.Vinoth Kumar Government Advocate (Criminal Side)

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120(B), 465, 468 & 471 of IPC 1/4

and Section 82(a) of Registration Act, 1908, in Crime No.09 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The learned counsel appearing for the petitioner submitted that due to a dispute between two brothers, the petitioner herein, who is the Sub Registrar of Magudanchavadi SRO, has been roped in as one of the accused with the aid of Section 120(b) IPC.

3. Considering the complaint, wherein it is stated that the property originally belonged to one Kandhayee. After her death, the property devolved upon her two sons. However, one of the sons is alleged to have created a fake document and got it registered, in connivance with the petitioner, in favour of his son.

4. The learned counsel appearing for the petitioner further submitted that based on the documents produced, the petitioner herein registered a gift deed and in the subsequent enquiry by the District Registrar, the said deed has been cancelled.

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

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6. Considering the nature of the allegations against this petitioner, and since custodial interrogation of the petitioner is not required, 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, on or before 28.08.2025 before the learned Judicial Magistrate Court No.6, Salem District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] if the petitioner fails to surrender before the said Magistrate on or before 28.08.2025, 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., until further orders; 3/4

Dr.G.JAYACHANDRAN, J.

rpl [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.

19.08.2025 rpl To 1.The Judicial Magistrate Court No.6, Salem District. 2.The Inspector of Police, District Crime Branch, Salem District.

3. The Public Prosecutor, High Court of Madras.

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