CRL OP/6730/2026 of Koteeswaran Vs The Station House Officer,
CRL OP No. 6730 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRL OP No. 6730 of 2026
D.Koteeswaran
..Petitioner(s)
Vs
The Station House Officer,
Ariankuppam Police Station,
Puducherry.
..Respondent(s)
Criminal Original Petition has been filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to enlarge the petitione r on
anticipatory bail in the event of arrest by the first respondent in c onnection with
the Crime No.270 of 2025 pending on the file of the first respondent police.
For Petitioner(s): Mr.R.Vinoth
For Respondent(s): Mr.V.Ramachandra Murthy
Public Prosecutor (Puducherry)
ORDER
The petitioner, who apprehends arrest by the respondent police for
offences punishable under Sections 318(2), 336(3), 340(2), and 3(5) of the
Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No. 270 of 2025.
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CRL OP No. 6730 of 2026
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2. The case of the prosecution is that the defacto complainant’s vendor
purchased the property from the petitioner. Subsequently, when the defacto
complainant’s vendor sold the land to the defacto complainant via a re gistered
sale deed on 04.09.2025, the petitioner allegedly interfered with the de facto
complainant’s attempt to take possession. This led to the registration of the FIR.
3. The learned counsel for the petitioner would submit that the petitioner’s
brother, Mohanraj (A1), intended to purchase the property which the petit ioner
had already sold to the defacto complainant’s vendor. On 26.10.2025, the
brother allegedly coerced the petitioner to sign a sale agreement intended to
defeat the rights of subsequent purchasers. The petitioner claims, his brothe r
informed him that the subsequent purchaser owed him money and a suit needed
to be filed, leading the petitioner to sign the document. The learne d counsel
further contended that the petitioner is innocent, and has been falsely
implicated, and prays for the grant of anticipatory bail.
4. The learned Government Advocate (Criminal Side) appearing for the
respondent police, while reiterating the prosecution's case, strongly opposed the
grant of anticipatory bail. He emphasises that after the petitioner sold the
property via a registered deed and it was subsequently transferred to the defacto
complainant, the petitioner and his brother fabricated an unregistered sale
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CRL OP No. 6730 of 2026
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agreement in an attempt to grab the land. He further states t hat in related civil
proceedings, the Court categorically found the records are fabricated. In view of
the petitioner’s conduct, the learned Government Advocate states that there is a
significant risk of evidence tampering or witness intimidation, if a nticipatory
bail is granted.
5. It is observed that the petitioner, having already sold the property
through a registered sale deed, allegedly entered into a fabricat ed, unregistered
sale agreement with his brother to defeat the rights of the subsequent purchaser.
While the defacto complainant was acting on the strength of a vali dly registered
sale deed, the petitioner’s alleged attempt to interfere wit h the possession of the
land through fabricated records is a matter of grave concern. The finding by the
Civil Court that the documents were a clear case of fabrication further reflects a
blatant disregard for the legal process.
6. Considering the gravity of the offences, the petitioner’s criminal
antecedents, the specific overt acts attributed to him regarding the fabrication of
documents to grab land, and the subsequent need to probe the creation of f alse
records, this Court is not inclined to grant anticipatory bail to the petitioner.
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CRL OP No. 6730 of 2026
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7. Accordingly, this Criminal Original Petition stands dismissed.
21-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Jeni
To
1.The Judicial Magistrate-III, Puducherry.
2.The Station House Officer, Ariankuppam Police Station, Puducherry.
3.The Public Prosecutor, High Court of Madras, Chennai.
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CRL OP No. 6730 of 2026
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C.KUMARAPPAN, J.
Jeni
CRL OP No. 6730 of 2026
21-04-2026
https://www.mhc.tn.gov.in/judis