Palanivel v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 34137 of 2025 Palanivel Petitioner Vs The State rep. by The Inspector of Police CCB - ACP-1, Team - IV Tambaram Chennai-600 119 Crime No. 93/2013.

...Respondent

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 pending investigation in Crime No. 93 of 2013 on the file of the respondent police.

For Petitioner : Mr.M.Vishali For Respondent : Ms.J.R.Archana, Government Advocate (Criminal Side) ----

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 419, 420, 465, 468, 471 r/w 120B IPC in Crime No. 93 of 2013 on the file of the respondent Police, 1/6

seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner joined hands with other accused in purchased land belonging to one Irusan by impersonating Isusan's son namely, Krishnan, and thereby, grabbed land to the extent of Rs.5 1⁄2 Crores. Hence the case. 3.The learned Counsel for the petitioner submits that the petitioner herein purchased the land from one of the co-accused in the year 2013 and in possession and enjoyment of the same. After 12 years, the petitioner was called for an enquiry and was not aware of any impersonation or other allegations levelled against the other accused. He further submits that the petitioner is ready to abide by any conditions imposed by this Court. He prays to grant anticipatory bail the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent, reiterated the prosecution case and submitted that this petitioner herein purchased the disputed property from one of the coaccused. He further submits that the investigation is not concluded and opposed for grant of anticipatory bail to the petitioner. 2/6

5.Considering the nature of the allegations, and the fact that one of the co-accused purchased the land in the year 2013 and allegations of impersonation and fabrication of records though the allegations are levelled against the other accused, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Tambaram, on condition that the petitioner 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 petitioner fails to surrender before the concerned Magistrate, within a period of fifteen 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 3/6

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

[c] the petitioner shall report before the respondent Police daily at 10.30 a.m for a period of three 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 themselves 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. 18.12.2025 MSM 4/6

To 1.The Judicial Magistrate No.I, Tambaram.

2.The Inspector of Police CCB - ACP-1, Team - IV Tambaram Chennai-600 119 Crime No. 93/2013.

3. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

MSM CRL OP NO. 34137 of 2025 18.12.2025.

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