K. Balu v. The State Rep By Its . The Sub-Inspector Of Police,-
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-10-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP Nos. 27741 and 27157 of 2025
1. K. Balu S/o.Kuppusamy, 2/415, Mariyamman Kovil Street, Vadachettiyandal, Manjaputhur, Villupuram.
Petitioner(s) in Crl.O.P.No.27741 of 2025 2.Janakiraman 3.Saranya 3.Ramadoss Petitioners in Crl.O.P.No.27157 of 2025 Vs
1. The State Rep by its . The SubInspector of Police,- Sankarapuram Police Station, Kallakurichi District. in Crime No. 513 Respondent(s) in both Crl.O.Ps.
COMMON PRAYER To enlarge the petitioners on bail in the event of their arrest in Crime. No. 513 of 2025 on the file of the respondent police and thus render justice.
For Petitioners : M/s.Raji For Respondent(s):
Mr.A.Gopinath Government Advocate (Crl.Side) COMMON ORDER The petitioners apprehend arrest for the alleged offence under Sections 423, 465, 467, 468 and 471 of IPC in Crime No.513 of 2025, on the file of the respondent police seek anticipatory bail.
2. The case of the prosecution is that originally the land was belongs to one Muthu who is the grandfather of the A1 and A2. The said Muthu was also having several legal heirs and suppressing the other legal heirs, A1 and A2 obtained false legal heirs certificate and also they themselves enter into the partition deed and subsequently sold the same to other accused under various documents. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent purchasers and they have been falsely implicated in this case and they were not aware about the dispute between the legal heirs. Hence, she prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reported that totally 11 accused in this case and the petitioners herein are A5 and A7 to A9 and they are subsequent purchaser of the property from A1 and A2. He further submitted that investigation in this case is pending. However, he opposed to grant anticipatory bail to the petitioners.
5. Considering the fact that majority of the allegations leveled in these cases against A1 and A2 who have obtained legal heirs certificate, and petitioners are ranked as A5, A7 to A9, I am inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sankarapuram on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), each with two sureties each for a like sum to the satisfaction of the learned
Magistrate concerned, and on further condition: (a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) 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 copy of any one of identify proofs to ensure their identity;
(c) The petitioners shall report before the respondent police everyday 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 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.
10-10-2025 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. The Judicial Magistrate, Sankarapuram.
2.The State Rep by its . The SubInspector of Police,- Sankarapuram Police Station, Kallakurichi District. in Crime No. 513 3.The Public Prosecutor High Court of Madras.
K.RAJASEKAR J.
mpa CRL OP Nos. 27741 and 27157 of 2025 10-10-2025