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Madras High Court/34469/2025dismissed

Kannan v. The State Rep.By Its, The Inspector Of Police,

2025-12-16Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.34469 of 2025 Kannan ... Petitioner Vs.

State by Inspector of Police, CCB Police, Tambaram City Police, Tambaram.

... Respondent (Crime No.32 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail, in the event of his arrest, pending investigation in Crime No.32 of 2025 on the file of the respondent police.

For Petitioner : Mr.B.Maheswaran For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 419, 420, 465, 467, 468, 471 and 34 of IPC in Cr.No.32 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/4

2. The case of the prosecution is that the petitioner joined hands with the other accused in fabricated a Power of Attorney and a life certificate of the original owner, namely one Lieutenant General Sankaran, thereby involved in land grabbing in respect of the property, which led to the registration of the FIR. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that A1 in this case had already filed an affidavit before the Hon'ble High Court stating that he would cancel the alleged documents and is also willing to pay some amount. He has also annexed the typed set of papers and the affidavit. He further submitted that the petitioner is only a witness to the document, and he has been falsely implicated, and is ready to cooperate with the investigation. Hence, he prays for grant of anticipatory bail.

4. The learned counsel appearing for the intervenor submitted that the defacto complainant is one of the legal heirs of the original owner, Lieutenant General Sankaran. He submitted that five years after his death, the petitioner, in collusion with the other accused, fabricated the Power of Attorney and executed sale deeds. In all these documents, the petitioner is cited as a witness, and he was aware that the deceased E.Sankaran was not the person executed the Power of Attorney. Hence, he opposed the grant of anticipatory bail.

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5. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the FIR was registered only recently; A1 has been arrested and released on certain conditions, the other accused are still absconding, and the investigation is pending. Hence, he vehemently opposed the grant of anticipatory bail.

6. Earlier this Court dismissed the anticipatory bail petition filed by the petitioner in Crl.O.P.No.31593 of 2025 dated 19.11.2025, on the following reasons:

"7. Considering the serious allegations attributed against the petitioner and that he is also involved in the fabrication of the documents in question, and further, that granting anticipatory bail at this stage may hamper the investigation, I am not inclined to grant anticipatory bail to the petitioner."

7. The learned counsel for the petitioner further submitted that after dismissal of the anticipatory bail application, there was arrangement between A1 and others in this case and A1 has come forward to pay Rs.6 lakhs and get back the land from A6 and the same is also recorded by the Writ Court in W.P.No.36281 of 2025 dated 25.11.2025. Hence, he prays for grant of anticipatory bail.

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8. I am not able to agree with the contentions raised by the petitioner herein since the arrangement between A1 and A6 is only with regard to the refund of the sale considerations paid by A6 for the cheating caused on the A6, whereas the allegations in this case relating to the land grabbing and so far, the defacto complainant has not been restored with the lands, therefore, I am not inclined to reconsider the order. Accordingly, this Criminal Original Petition is dismissed.

16.12.2025 mpa To

1. The Inspector of Police, CCB Police, Tambaram City Police, Tambaram.

2.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv.RAJASEKAR , J.

mpa Crl.O.P.No.34469 of 2025 16.12.2025 5/4