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Madras High CourtCRL OP/24246/2025granted

M.Suparas Chand v. The State Rep.By, Inspector Of Police,

2025-10-22Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.10.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR M.Suparas Chand ... Petitioner -vsState Rep by, The Inspector of Police, M4 - Redhills Police Station, Avadi Police Commissionerate.

(Crime No.576 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.576 of 2025 on the file of the respondent police. For Petitioner :

Mr.S.Magimai Raj For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl. Side) **********

ORDER

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The petitioner, who apprehends arrest for the alleged offence punishable under Sections 406, 417, 420, 465, 467, 468, 471 of IPC in Crime No.576 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of prosecution is that the petitioner joined hands with the other accused impersonated and fabricated power of attorney and executed various documents including a sale deed in favour of one Balaji, thereby, grabbed the land belongs to the defacto complainant to the extent of 13,585 sq.ft. Hence this case.

3. The learned counsel appearing for petitioner submitted that the entire allegation relates to the transactions taken place in the year 2008 to 2014 and further there are civil disputes pending between the parties challenging ownership and after a lapse of several years, this complaint has been lodged and he is ready to cooperate with the investigation in this matter. He further submitted that the petitioner has not committed any offence as alleged by the prosecution, and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the FIR was only registered recently and the investigation is pending and the co-accused already released on bail. However, he vehemently opposed to grant anticipatory bail to the petitioner. 2/6

5. Considering the fact that the entire transactions have been taken place between the year 2008 to 2014 and civil suits are also pending between the parties touching the ownership of land from the year 2016 onwards, all transactions alleged against the petitioner is based on documents and this complaint is lodged in the year 2025, and this Court is 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 her appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate - II, Ponneri, 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 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) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police daily at 10.30 a.m., for the period of two 3/6

weeks and thereafter as and when requires for interrogation until further orders;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 22.10.2025 rna Note :

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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 1.The Judicial Magistrate - II, Ponneri.

2.The Inspector of Police, M4 - Redhills Police Station, Avadi Police Commissionerate.

3.The Public Prosecutor, High Court, Madras.

K. RAJASEKAR, J.

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