Crl.O.P.No.31975 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-02-2025 CORAM THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 31975 of 2024 Vadivel SON OF NATARAJAN, Residing at OLD ASTC HUDCO MIG 470, Hosur Taluk, Krishnagiri District. Petitioner(s) Vs The State Rep.By The Sub-Inspector of Police, Palacode Police Station, Dharmapuri District. Crime No. 320 of 2024. Respondent(s) For Petitioner(s): Sivakumar Rajappan T.Sathiyapriya R. S. Sangeethapriya Abinaya, A. Yuvaamannar Addl Typed Set Filed For Respondent(s): Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) Mr.K.M.Aasim Shehzed for Intervenor ORDER The Petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, 465, 470 & 474 of IPC, 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.31975 of 2024 in Crime No.320 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The petitioner (A2) is the son of one Mr.Natarajan, S/o.Pothiraj. The prosecution case is that a large extent of land, about 5.5 acres, was owned by one Chinna Muthu; that since he did not have any children, the property devolved upon the sons of his brother; that the said Mr.Natarajan, who was one of the legal heirs, claiming title over an extent of 1.88 acres, though he owned only 0.08 acres, had executed a Settlement Deed in favour of his son, the petitioner herein and thus committed the aforesaid offences. 3.The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. In any case, the petitioner's custodial interrogation is not required as the case is borne out by records. 4.The learned Government Advocate (Crl. Side) appearing for the respondent police submits that, admittedly, it is a case of false claim of title by the petitioner. Hence, he opposes granting anticipatory bail to the petitioner. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.31975 of 2024 The question of whether the petitioner or the defacto complainant is the rightful owner of the property must be determined by the appropriate Court. 5.The learned counsel appearing for the defacto complainant/intervenor submits that the petitioner has claimed title over the property to an extent of 1.88 acres, which belongs to the de-facto complainant. 6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record. 7. The allegation is that the petitioner's father, by making a false claim of title, had executed a Settlement Deed in favour of the petitioner. It is for the prosecution to establish the aforesaid offences before the trial Court. The case is borne out by records. 8. Considering the nature of the allegations and since the custodial interrogation is not required in this case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions: 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.31975 of 2024 9. 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 date of receipt of a copy of this order, before the learned Judicial Magistrate, Palacode, on condition that the petitioner shall 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner shall not abscond either during investigation or trial. [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)AIR SCW 5560]; 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.31975 of 2024 [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 05-02-2025 rpl/dk To 1.The Sub-Inspector of Police, Palacode Police Station, Dharmapuri District. 2.The Public Prosecutor, High Court of Madras, Chennai 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.31975 of 2024 SUNDER MOHAN,J. Rpl/dk CRL OP NO. 31975 of 2024 05.02.2025 6/6 https://www.mhc.tn.gov.in/judis