Varadharajan v. The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Varadharajan Petitioner(s) Vs The State rep by The Station House Officer Chinnasalem Police Station, Kallakurichi. (Crime No. 404 of 2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on ANTICIPATORY BAIL in the event of arrest in Crime No. 404 of 2025, on the file of the Station House Officcr, Chinnasalem Police Station, Kallakurichi District. For Petitioner(s):

Mr.R Senthil For Respondent:

Ms.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 407, 420, 465 of IPC, 1860, in Crime No.404 of 2025 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and four other accused fabricated the documents of the property originally owned by one Pachaiyammal and consequently this petitioner and other accused fraudulently registered a sale deed in favour of this petitioner in the year 2012. Hence, the case.

3.The learned counsel for the petitioner submitted that petitioner is an innocent person and had not created any fake document or registered a sale deed in his favour. He further submitted that the petitioner is ready to co-operate the investigation. Hence, he prayed for the grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) for the respondent police reported that the investigation in this case is pending. Hence, he opposed for the grant of anticipatory bail to the petitioner. 5.I have also gone through the FIR and it revealed that the alleged of forgery and fabrication of records took place in 2012, but the complaint was lodged in 2024. Considering the fact that the allegations are based on documentary evidence, custodial interrogation of the petitioner is not necessary to investigate this case, hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Chinnasalem, 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 conditions: (a) If the petitioner 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 petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

19-01-2026 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Station House Officer Chinnasalem Police Station, Kallakurichi. (Crime No. 404 of 2025) 2.The District Munsif cum Judicial Magistrate, Chinnasalem.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 36106 of 19-01-2026