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Madras High CourtCRL OP/1179/2026granted

Karthikeyan v. The State Rep. By The Inspector Of Police

2026-01-21Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 1179 of 2026 Karthikeyan Petitioner Vs The State rep. by The Inspector of Police Sathuvachari Police Station Vellore District Crime No. 234 of 2025 Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest pending investigation in Cr.No. 234 of 2025 on the file of the respondent police.

For Petitioner : Mr.K.Sathish Kumar For Respondent : Ms.J.R.Archana Government Advocate (Criminal Side) ----

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 318(4) of BNS, in Crime No. 234 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/6

2.The allegation against the petitioner is that the petitioner came forward to sell the land belonging to the petitioner herein to the de-facto complainant for a sum of Rs.5,67,000/- and subsequently, entered into an agreement and thereafter, the petitioner failed to honour the same. Hence the complaint has been lodged.

3.The learned Counsel for the petitioner submitted that the petitioner herein had borrowed a loan from the de-facto complainant and executed a sale agreement for sale and subsequently, due to inability to repay the loan amount, a false complaint has been lodged by the de-facto complainant. He further submitted that the petitioner is ready to co-operate with the investigation. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the respondent police, reiterated the prosecution case and submitted that the investigation is pending. He opposed to grant anticipatory bail to the petitioner.

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5. Considering the nature of allegations and the fact that it is alleged that the case involves violation of the agreement entered into between the parties, and that the investigation is pending, and that custodial interrogation of the petitioner is not necessary in this case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.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 on which the order copy made ready, before the learned Judicial Magistrate No.V, Vellore, Vellore District, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 petitioners fail to surrender before the concerned Magistrate, within a period of fifteen days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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[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 report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 21.01.2026 MSM 4/6

To 1.The Judicial Magistrate No.V, Vellore, Vellore District. 2.The Inspector of Police Sathuvachari Police Station Vellore District Crime No. 234 of 2025

3. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

MSM Crl.O.P.No.1179 of 2026 21.01.2026 6/6