Gopal v. State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Gopal ... Petitioners Vs.

State represented by, The Inspector of Police, Central Crime Branch, EDF - III, New Team, O/o.Commissionerate, Veppery, Chennai.

(Crime No. Not Known of 2025) ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No. Not Known of 2025 on the file of the respondent Police or on his surrender before the Judicial Magistrate Court.

For Petitioner : Mr.T.Parthiban For Respondent : Mr.K.M.D.Muhilan Additional Public Prosecutor

O R D E R

Apprehending arrest in connection with Crime No. Not Known of 2025, registered for the offences punishable under Sections 318(4) r/w 3(5) of BNS, the present petition has been filed seeking anticipatory bail. 1/4

2.

Pleading innocence on the part of the petitioner and false implication in the case, the learned counsel for the petitioner seeks indulgence of this Court. He further submits that the petitioner, who is an octogenarian, had executed the documents based on a Power of Attorney issued to him in the year 1994. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court. 3.

Learned Additional Public Prosecutor appearing for the respondent police submits that, based on the complaint given by the de facto complainant, Nandhagopal, alleging that the accused had fraudulently executed two sale deeds dated 18.09.1996 and 22.10.1997 in respect of the very same property, the respondent Police are conducting enquiry in COP.Ref.512/CCB/CoP/Vist/25 and that the petitioner was called only for enquiry. He further submits that as on today, the investigation is still pending and there is no apprehension of arrest. 4.

Considering the facts and circumstances, this Court directs the respondent Police to issue appropriate notice to the petitioner under Section 35(3) of BNSS (corresponding to Section 41(A) of Cr.P.C) for 2/4

enquiry and on receipt of such notice, the petitioner is directed to appear before the respondent Police and co-operate in the investigation. 5.

The Investigating Officer shall conduct the enquiry by strictly following the procedures therein and if any cognizable offence is made out, the respondent Police shall register a First Information Report and proceed in accordance with law. It is needless to say that the respondent Police shall not take any coercive steps to secure the petitioner till the completion of enquiry on the complaint lodged by the de facto complainant. 6.

With the above directions, this Criminal Original Petition stands disposed of.

06.11.2025 ham To 1.

The Inspector of Police, Central Crime Branch, EDF - III, New Team, O/o. Commissionerate, Veppery, Chennai.

2.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

ham 06.11.2025 4/4