Marg Limited v. Sushil Lalwani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL MP No. 1188 of 2026 in Crl.O.P.No. 7856 of 2025 M/s.Marg Limited Sri Sai Sudhhodaya Apartments No. 57/2B East Coast Road, Thiruvanmiyur Chennai-600 004 Represented by its RB Srinivasan,

...Petitioner/

De-facto complainant

Versus

1.Sushil lalwani S/o.Prakash 2.Aarthi lalwani

...Respondents 1&2/A1 & A2

3.State, rep. By The Inspector of Police Kannaginagar Police Station Crime No. 105 of 2025.

...3rsd Respondent Prayer: Criminal Original Petition is filed under Section 439 (2) of the Code of Criminal Procedure and Section 484(3) of BNSS Act, 2023, to cancel the anticipatory bail order dated 20.01.2026 made in Crl.M.P.Nos.2791 & 2816 of 2025 on the file of Principal District and Sessions Court, Erode, respectively. 1/4

For Petitioner/ Defacto complainant : Mr.K. Jagannathan For R-3 : Ms.J.R.Archana Government Advocate, Criminal Side ----

ORDER

Today, when the matter came up for hearing, learned counsel for the petitioner/de-facto complainant submitted that the bail petitioners, after being released on bail, were found to be involved in the offences and took possession of the property on 09.01.2026. Hence, there is a clear violation of the bail condition. He further submitted that the occurrence had taken place recently and they continue the offences. Hence, this case is a fit case for cancellation of bail.

2.However, Ms.J.R.Archana, learned Government Advocate (Criminal Side) appearing on behalf of the third respondent police reported that they have conducted the investigation in this case and filed a final report, closing the investigation with a finding that the case is a "Mistake of Fact". Though the learned Counsel for the petitioner submitted that there is a violation of bail 2/4

condition after granting anticipatory bail, and he has also lodged a separate complaint, at this point of time, there is no case as on date that requires the presence of the accused in judicial custody.

3.Accordingly, this Criminal Original Petition shall stands dismissed. 02.02.2026 MSM To 1.The Inspector of Police Kannaginagar Police Station Crime No. 105 of 2025.

2.The Public Prosecutor, High Court, Madras.

3/4

K.RAJASEKAR , J.

MSM CRL MP No. 1188 of 2026 in Crl.O.P.No. 7856 of 2025 02.02.2026 4/4