Krishnamoorthy v. The State Rep.By, The Station House Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2025
CORAM
THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN
1. Krishnamoorthy, M/59, Years, S/o. Perumal,
2. Pokkilai @ Selvi, F/A-65 years, W/o.Krishnamurthy.
3. Punitha @ Mangavaram, F/A62, Years, W/o.Ramadoss, All are residing at, No.22, Sundararaja Street, Lakshmi Nagar, Mudhaliarpet, Puducherry - 605 004.
.. Petitioners/Accused /versus/ The State Rep by, The Station House Officer, Villianur Police Station, Puducherry - 605 004.
(Crime No.0261 of 2025) .. Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners/accused herein on bail in the event of their arrest by the respondent or on their appearance before the concerned court in Crime No.0261 of 2025 on the file 1/7
of the respondent police.
For Petitioners :Mr.M.Gnanasekar For Respondent :Mr.M.V.Ramachandramurthy Government Advocate (Crl. Side)
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent police, for the alleged offences punishable under Sections 420 read with 34 of I.P.C, in Crime No.0261 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The learned counsel appearing for the petitioners submits that an earlier similar complaint was lodged before the respondent police and was closed as a mistake of fact. Despite this, by way of a private complaint, the petitioners are again subjected to harassment. It is further submitted that the dispute is not with the de-facto complainant, but relates to proceedings pending before the Registration Department concerning the disputed property. The petitioners have also filed a counter-complaint and a writ petition is pending before the Hon'ble High Court. Thus, a civil dispute has been given a criminal colour by alleging that the Petitioners forged title documents.
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4. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.
5. The Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioners.
6. This Court is of the view that since the respondent police had already conducted an enquiry and closed the earlier complaint and the matter is now seized by the Registration Department regarding the genuineness of registration, it would suffice to direct the petitioners to participate in the enquiry. Such cooperation shall not prejudice their case.
7. Recording the said submission, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 3/7
8. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, on or before 28.08.2025 before the learned Judicial Magistrate No.6, Puducherry, on condition that each of the petitioners shall execute a bond for a sum of Rs.1,00,000/-(Rupees One Lakhs only) with two sureties, each for a likesum to the satisfaction of the respondent police or the police officer, who intends to arrest, or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition:
(a)If the petitioners fail to surrender before the concerned 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 identify proofs to ensure their identity; (c)The petitioners shall report before 4/7
the respondent police daily at 10.30 a.m., until further orders.
(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.
14.08.2025 bsm Note :
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To:
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1.The Judicial Magistrate No.6, Puducherry.
2.The Station House Officer, Villianur Police Station, Puducherry - 605 004. 3.The Public Prosecutor (Puducherry), High Court of Madras. 6/7
Dr.G.JAYACHANDRAN, J.
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