Venkataraman v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR

1. Venkataraman

2. Selvi ... Petitioners/A1 & A2 in Crl.O.P.No.27331 of 2025 Prithika ... Petitioner / A3 in Crl.O.P.No.27334 of 2025 1.G.Prakash 2.Chinnasamy .... Petitioners / A4 & A5 in Crl.O.P.No.27332 of 2025 Vs.

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

Crime No.05 of 2025 ... Respondent in all cases COMMON PRAYER : Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioner on bail in the event of their arrest pending investigation in Crime No.5 of 2025 on the file of the Inspector of Police, District Crime Branch, Dharmapuri District.

For Petitioners :

Mr.M.Selvam in all cases For Respondent :

Mr.S.Udayakumar, Government Advocate (Criminal Side) in all cases ************ 1/5

C O M M O N O R D E R The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 237, 336(3), 337, 340(1), 340(2) and 341(1) of BNS, in Crime No.5 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The allegation against the petitioners is that they had grabbed the land belonging to the de-facto complainant and executed a deed among themselves. Hence, the present complaint was registered against the petitioners.

3. The learned counsel appearing for the petitioners submitted that they had executed a sale deed mentioning the relevant survey number, and subsequently, they cancelled the said sale deed by executing a registered cancellation deed dated 26.12.2024. He has also produced a copy of the same. Hence, he prays that anticipatory bail may be granted to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the alleged sale deed was, in fact, cancelled by the petitioners themselves by executing a cancellation deed dated 26.12.2024. However, he opposed the 2/5

grant of anticipatory bail to the petitioners.

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

6. Considering the fact that the petitioners have already cancelled the sale deed executed among themselves, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-II, Dharmapuri, on condition that the petitioners 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 learned Magistrate concerned, and on further condition that:

[a] if the petitioners fails to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, 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 3/5

copy of any one of the identity proofs to ensure their identity;

[c] the petitioners shall report before the respondent police daily at 10.30.a.m., for a period of two weeks and thereafter as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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 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. 15.10.2025 nvi To 1.The Judicial Magistrate-II, Dharmapuri.

2.The Inspector of Police, District Crime Branch, Dharmapuri District.

Crime No.05 of 2025.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J., nvi 15.10.2025 5/5