Chandrasekar Vs State Rep. by The Inspector of Police

PRAYER Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the Petitioner on bail in the event of arrest by the Respondent Police in Crime No.137 of 2025, on the file of the Respondent Police, Chennai.

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For Petitioner(s): Aswin R

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For Respondent(s): Mr.S.Udaya Kumar, Government Advocate (Crl. Side)

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 30771 of 2025

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ORDER

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The petitioner, who apprehends arrest by the respondent police for the

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offences punishable under Sections 420, 406, 506(i) of IPC in Crime No.137 of

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2025 seeks anticipatory bail.

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2.The allegation against the petitioner is that the petitioner colluding with

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others executed a power of attorney in favour of A1, who sold the property to the defacto complainant in 2008 knowing fully well that, the property is not

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belongs to them. When defacto complainant took steps to take possession, it was obstructed by another persons leading to the complaint.

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3.The learned counsel for the petitioner submitted that the petitioner is the

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owner of the property, there is no counter-claim as alleged by the defacto complainant and he is willing to co-operate for the investigation already both defacto complainant and petitioner negotiated between them and arrived settlements. Hence, he prayed for grant of anticipatory bail to the petitioner.

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CRL OP No. 30771 of 2025

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4.The learned Government Advocate (Crl.side) for the respondent

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reported that A1 was granted interim anticipatory bail in Crl OP No.28011 of 2025 dated 24.10.2025, by this Court for negotiation. He further submitted that

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the petitioner is not co-operating with the investigation and by denying the above fabrication of records, he is also benefited from the transaction. Hence,

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he opposed for grant of anticipatory bail to the petitioner.

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5.Considering the nature of allegation and also the fact that the sale deed

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was also executed as early as 2008 and there were also some arrangements

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between the A1 and the defacto complainant, this Court is inclined to grant

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anticipatory bail to the petitioner, subject to certain conditions.

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Accordingly, the petitioner is ordered to be released on anticipatory bail

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in the event of arrest or on his appearance, within a period of fifteen (15) days

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from the date of receipt of a copy of this order before the learned II Judicial

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Magistrate Court, Tiruvallur, on condition that the petitioner shall execute a

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CRL OP No. 30771 of 2025

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bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only), with two

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sureties, each for a like sum to the satisfaction of the respondent police or the

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police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(b) the petitioner shall report before the respondent police, everyday at 10.30 a.m., for a period of three weeks

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and thereafter as and when required for interrogation;

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(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(d) the petitioner shall not abscond either during investigation or trial;

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(e) on breach of any of the aforesaid conditions, the learned 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)

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AIR SCW 5560]; and;

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CRL OP No. 30771 of 2025

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(f) if the accused thereafter absconds, a fresh FIR can be registered under

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Section 269 of B.N.S.

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11-11-2025

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gbi

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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CRL OP No. 30771 of 2025

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To

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1.State Rep. by The Inspector of Police Mappedu Police Station Thiruvallur. (Crime No. 137 of 2025) 2.The II Judicial Magistrate Court, Tiruvallur. 3.The Public Prosecutor, High Court of Madras.

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CRL OP No. 30771 of 2025

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K.RAJASEKAR J. gbi

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CRL OP No. 30771 of 2025

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11-11-2025

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https://www.mhc.tn.gov.in/judis