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Madras High CourtCRL OP/24729/2025dismissed

S Ramesh v. State By Inspector Of Police,

2025-09-12Honourable Mrs.Justice T.V.Thamilselvi7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI S Ramesh Petitioner(s) Vs State by Inspector of Police, M-6, Manali Police Station, Manali, Chennai. Crime No. 413 12025.

Respondent(s) 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. 413 12025 On the file of the Inspector of police, M-6, Manali Police Station, Chennai.

For Petitioner(s):

For Intervenor:

M/s.Prema Sudha Mr.K.Bommuraj 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 offences punishable under Sections 296(b), 316(2), 318(4), 351(3) of BNS Act, in Crime No.413 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 11.02.2025, the defacto complainant, one Raguvaran, lodged a complaint before the respondent police stating that the defacto complainant had purchased flats S-6 and S-17 of Rajalakshmi Apartment from the petitioner, and that after the completion of the sale deed, the petitioner failed to hand over possession to the defacto complainant and threatened him. Hence, the case. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and has not committed any offence, this is purely civil in nature, even as per the contents in the FIR also, since the defacto complainant refused to pay the agreed market value as per the sale deed, there was dispute arose, wherein

there is no intention to cheat, the dispute over the sale consideration and value of the land is purely civil in nature, the defacto complainant only with the civil intention to evade to pay the agreed sale consideration, this false complaint was lodged, for the same transaction of sale, two different FIRs have been registered by the respondent police on the same day, initially respondent police refused to register the FIR and the same was done only on the directions of the Judicial Magisterate, petitioner has no bad antecedents, he is ready to cooperate for investigation and will abide by any condition, therefore prayed for granting the anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.side) appearing for the respondent police argued that when the defacto complainant purchased the Plot No.S2, S3 and S5 at Periyaseekadu Kamarajar Road, at Rajalakshmi apartment, on 26.03.2024 on payment of Rs.24,00,000/- and he agreed to vacate the house after the period of lease, however, even after receipt of the entire amount of sale, he refused to vacate the house and hand over the possession to the defacto complainant, when he demanded to vacate, the petitioner threatened defacto

complainant with dire consequences, based on the complaint before the Judicial Magistrate and directions therein, FIR was registered, the petitioner is also involved in similar offence in Crime No.414/2025 and investigation is pending. 5.The learned counsel for the Intervenor submitted that the petitioner had intentionally cheated the defacto complainant of Rs.24 lakhs and now refused to hand over the property and also threatening, if granted anticipatory bail, he will threatening the defacto complainant, hence prayed to dismiss the anticipatory bail petition.

6.Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.side) and perused the materials available on record. 7.Considering the facts and circumstances of the case, on seeing the conduct of the petitioner and gravity of offence, it needs detailed investigation, this Court is not inclined to grant anticipatory bail to the petitioner.

8. Accordingly, this Criminal Original Petition is dismissed. 12-09-2025 gbi

To 1.State by Inspector of Police, M-6, Manali Police Station, Manali, Chennai. Crime No. 413 12025.

2.The Public Prosecutor High Court of Madras.

T.V.THAMILSELVI J.

gbi CRL OP No. 24729 of 12-09-2025