IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-02-2025 CORAM THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 961 of 2025 T. Jayachandran S/o.Thulasi, No.42/35, Rail Road Street, Vettuvanam, Gudiyatham Taluk, Vellore District. and another Petitioner(s) Vs The State Rep.By, The Inspector Of Police, District Crime Branch, Vellore District, Crime No.25 of 2021. Respondent(s) For Petitioner(s): A Vijayakumar D.Senthil For Respondent(s): Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) ORDER The Petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420, 465, 468 & 471 of IPC, in Crime No.25 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the 1st accused is the brother of the 1/4 https://www.mhc.tn.gov.in/judis defacto complainant; that initially, the father of A1 had executed a power of attorney in favour of A1; that A1, using the power of attorney, had obtained a loan and failed to repay it; that thereafter, the father cancelled the power of attorney and executed a settlement deed in favour of the defacto complainant; that by suppressing this fact, A1 settled the property in favour of his wife A2 and that A2 sold the property to the petitioners herein. 3.The learned counsel for the petitioners submits that the petitioners are innocent purchaser and have been falsely implicated in this case. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. In any case, the petitioners' 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 has confirmed the said fact. The 1st accused, who is the brother of the defacto complainant, had unlawfully registered a settlement deed in favour of his wife and later sold to the 1st petitioner herein, Hence, he opposes granting anticipatory bail to the petitioners. 5.Heard the learned counsel for the petitioners and the learned 2/4 https://www.mhc.tn.gov.in/judis Government Advocate (Crl.side) for the respondent and perused the materials available on record. 6. Considering the aforesaid facts, the submits made on either side and since the case is borne out by records and custodial interrogation of the petitioners are not required for the investigation, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court-V, Vellore, on condition that each of 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 petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the petitioners shall report before the respondent police as and when required for interrogation; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; SUNDER MOHAN,J. 3/4 https://www.mhc.tn.gov.in/judis rpl [d] the petitioners 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 Petitioners in accordance with law as if the conditions have been imposed and the Petitioners 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 05-02-2025 rpl To 1. The Inspector Of Police, District Crime Branch, Vellore District. 2.The Public Prosecutor, High Court of Madras, Chennai CRL OP NO. 961 of 2025 4/4 https://www.mhc.tn.gov.in/judis