V. Prakash Babu Vs The State of Tamil Nadu Rep.by, The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of the arrest in connection with Cr.No.5 of 2025 on the file of the respondent police.

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For Petitioner : Mr.M.Devaraj For R.Bhuvaneshkumar For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side)

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Crl.OP.No.14439 of 2025

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O R D E R

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The petitioner herein/A4, apprehends arrest at the hands of the respondent for the alleged offence under Sections 406, 465, 468, 471, 477,

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420, 34 and 120B of IPC in Crime No.5 of 2025, seeks anticipatory bail.

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2.The allegation against this petitioner is that this petitioner joining hands with other accused sold the poramboke land, which belongs to the Government, as if the lands belong to some private individuals after fabricating the power of attorney in favour of vendors. Hence, the case.

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3.The learned counsel appearing for the petitioner submitted that this petitioner is also a victim and he has also purchased some land and he also produced a copy of sale deed executed in favour of the petitioner's daughter and he substantiated his claim that he is also one of the victim in this case. He further submitted that the petitioner is an innocent person and a false case has been lodged against the petitioner. He submitted that the petitioner is ready to abide by any condition that may be imposed by this Court.

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Hence, he prays for grant of anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner has actively participated in selling the subject matter of the land. He further submitted that to substantiate the same, the respondent relied on the confession statement of the arrested accused, wherein it is stated that this petitioner is also having knowledge about the nature of the land and has also actively participated in bringing the prospective purchasers and sold the land. He submitted that A2, A3, A5 and A6 were arrested and released on bail and A1 had died. Hence, he opposed to grant anticipatory bail to the petitioner.

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5.Considering the facts and circumstances of the case and the fact that A2, A3, A5 and A6 were arrested and released on bail and A1 had also died, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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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 days from the

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date on which the order copy made ready, before the learned Judicial

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Magistrate – I, Poonamallee, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)

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with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] 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 the identity proofs to ensure their identity;

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[b] 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 the interrogation;

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[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down

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by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [ (2005)13 SCC 283 ];

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