Charles Kamalesan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Charles Kamalesan S/o.Watson Daniel, Door No.175, Gandhi Road, Velacheri, Chennai -600 Petitioner(s) Vs

1. The State Rep By Its, The Inspector of Police, Central Crime Branch III, Gamma IV, LFIW II, Vepery Egmore, Chennai - 600 008 Respondent(s) PRAYER:The Criminal Original Petition is filed under Section 483 of B.N.S.S. praying to enlarge this Petitioner accused herein on bail in Cr.No.86 of 2025 on the file of the respondent complainant i.e on the file of the Inspector of Police, Central Crime Branch III, Gamma IV, LFIW II, Vepery, Egmore, Chennai - 600 008 Chennai.

For Petitioner:

For Respondent(s):

Mr. S. Mohan Raj Public Prosecutor

ORDER

The petitioner/Accused No.2, who was arrested and remanded to judicial

custody on 08.10.2025 for the offences punishable under Section 420, 465, 467, 468, 471 read with 120-B and 34 of IPC in Cr. No.86 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with co-accused created forged documents and illegally sold the properties belonging to the defacto complainant. Based on the general power of attorney, the petitioner along with other accused, illegally executed sale deed for the consideration of Rs.2,25,00,000/- by forging the documents. Hence the case.

3. The learned counsel for the petitioner would contend that the respondent police have registered a false case against the petitioner for the offences under Sections 420, 465, 467, 468, 471 read with 120-B and 34 of IPC in Cr. No.86 of 2025. The alleged occurrence took place in the year 2016 and the complaint was lodged after 10 years. The petitioner has been falsely implicated in this case and he has been incarcerated for a long period and hence he prayed to grant bail.

4. The learned Government Advocate (Criminal Side) would submit that this petitioner along with the co-accused have created false documents and illegally sold the property by forging the documents. The petitioner was arrested and he was taken to police custody and his confession statement was

recorded. However, investigation is still pending. The offences are grave in nature. Huge amount is involved in this case. Hence he objected to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side, the nature of offences, considering the fact that this petitioner, based on the Power Deed executed in his favour, he sold the property to third parties, considering the date of execution of Power Deed and Sale Deed in the year 2016, no previous case is pending against this petitioner, material part of investigation is over and the incarceration period of this petitioner from 08.10.2025, I am inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Metropolitan Magistrate for trial of CCB / CBCID Cases, Egmore, Chennai and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.00 a.m. until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023 30-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mjs To 1.The Metropolitan Magistrate for trial of CCB / CBCID Cases, Egmore, Chennai.

2.The Public Prosecutor, Madras High Court, Chennai. 3.The Inspector of Police, Central Crime Branch III, Gamma IV, LFIW II, Vepery Egmore, Chennai - 600 008.

4. The Superintendent of Police, Central Prison, Puzhal, Chennai.

P.DHANABAL J.

mjs CRL OP No. 35513 of 30-12-2025