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Madras High Court/2340/2026granted

Selvakumar v. The State Rep.By, The Inspector Of Police,

2026-02-03Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Selvakumar ..Petitioner(s) Vs The state rep.by, The Inspector of Police, City Crime Branch II Police station, Coimbatore.

Cr.No.27 of 2025.

..Respondent(s) Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to grant anticipatory bail to the petitioner in the event of arrest in Cr.No.27 of 2025 by the respondent police.

For Petitioner(s):

M/S.R.Ramkumar For Respondent(s):

Ms.J.R.Archana Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Sections 406, 420 & 506(i) of IPC, 1860 in Crime No.27 of 2025 seeks anticipatory bail.

2.The allegation against the petitioner is that the petitioner, who is ranked as A1 in this case, has come forward to help the defacto complainant to mortgage his property and with the help of A2 and they have also mortgaged and handed over Rs.3,00,000/- to the defacto complainant and subsequently it revealed that the petitioner has misrepresented the defacto complainant and obtained a sale deed in favour of A4 and petitioner and accused No.2 also received Rs.32,00,000/- as sale consideration, thereby cheated the defacto complainant.

3.The learned counsel for the petitioner submitted that the alleged transactions took place in the year 2015 and the complaint was lodged in the month of October 2025 after lapse of nearly 10 years and the petitioner only introduced the defacto complainant for selling the land to A4 and he has not collected any money as alleged in the FIR and he is ready to co-operate with the investigation. Hence, he prayed for the grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.side) for the respondent police reiterated the prosecution case and submitted that total amount involved in this case is Rs.32,00,000/- and the defacto complainant was cheated by misrepresentation to execute the mortgage deed but they have forced her to execute the sale deed. Hence, he opposed for the grant of anticipatory bail to the

petitioner.

5.Considering the fact that the alleged transactions have taken place in the year 2015 and admittedly it is the case of execution of sale deed by the defacto complaint, hence, I am of the view that to investigate this case of nature, the custodial interrogation of the petitioner is not necessary, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.VII, Coimbatore, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall appear before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner 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 petitioner in accordance with law as if the 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) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

03-02-2026 GBI To 1.The state rep.by, The Inspector of Police, City Crime Branch II Police station, Coimbatore.

Cr.No.27 of 2025.

2.The Judicial Magistrate, No.VII, Coimbatore. 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

GBI 03-02-2026