S Poonguzhali v. The State Rep By, Inspector of Police,

O R D E R The petition for anticipatory bail for the offence punishable under Sections 419, 420, 465, 467, 468, 471 r/w 34 IPC, in Crime No.20 of 2025 registered on the file of the respondent police.

¶2The case of the prosecution is that the defacto complainant alleges that by impersonation, A1 sold the property to various persons, and when he applied for EC, he claimed to know about the illegal transfer of property by impersonation.

¶3The learned counsel for the petitioner submits that the petitioner is a bonafide purchaser for value in the year 2004-2005. For nearly 20 years, he has been in possession of the property, and the revenue records also mutator, and the land has been promoted as residential plots. In this connection, a civil suit is already pending in O.S.No.116 of 2025 before the District Munsif cum Judicial Magistrate, Sholinghur. Meanwhile, the criminal complaint with false allegations that the petitioner has been involved in the crime of impersonation has been registered against him.

¶4The learned counsel for the intervener opposed for the grant of anticipatory bail to the petitioner stating that the co-accused was granted bail but has not complied with the bail condition, and all the documents related to impersonation and fabrication are in possession of this petitioner.

¶5Heard the learned counsels on either side and perused the materials available on record.

¶6This Court on considering the submissions and the fact that the transfer of property was taken as a source in the year 2004-2005, whereas the minor complaint and the Civil Suit were filed only in the year 2025, that is, after 20 years, concludes that an investigation has to be conducted to determine whether there was any fabrication of records and impersonation for that purpose. Thus, custodial purpose for this petitioner is not required, and cooperation for investigation is sufficient. Hence, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on or before 12.09.2025 before the learned Judicial Magistrate No.I, Alandur, on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that: [a] if the petitioner fails to surrender before the concerned Magistrate on or before 12.09.2025, 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 the identity proofs to ensure their identity; [c] the petitioner shall appear before the respondent police and produce all the original documents required for the investigation. On receipt of the original documents, they shall be sent for expert opinion for the completion of investigation.

(d) the petitioner shall appear before the respondent police, daily at 10.30 a.m, until further orders.

(e) the petitioner is directed to file an undertaking affidavit before the trial court, stating that he shall not alienate the property till the completion of investigation. [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

28.08.2025 drl To

1.The Judicial Magistrate No.I, Alandur.

2.The Inspector of Police, The Inspector of Police, Central Crime Branch, Tambaram City, (AC II – LFIW II) Tambaram City Commissionerate, Sholinganallur, Chennai – 600 119.

¶3The Public Prosecutor, High Court of Madras. Dr.G.JAYACHANDRAN,

J. drl

28.08.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.08.2025 CORAM THE HON'BLE DR.JUSTICE G.JAYACHANDRAN S.Poonguzhali ... Petitioner Vs. The State Represented by, The Inspector of Police, Central Crime Branch, Tambaram City, (AC II – LFIW II) Tambaram City Commissionerate, Sholinganallur, Chennai – 600 119. Crime No.20 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of arrest made by the respondent police in Crime No.20 of 2025 on the file of respondent Police. For Petitioner : Mr.A.P.Pasupathy For Respondent : Mr.S.Udayakumar Government Advocate (Criminal Side) For Intervener : Mr.M.Madan Babu