Saravanan v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.01.2026
CORAM
THE HONOURABLE MR. JUSTICE K.RAJASEKAR 1.Saravanan
2. Meenakshi ... Petitioners Vs.
The State represented by The Inspector of Police, District Crime Branch, Dharmapuri Police Station, Dharmapuri.
(Crime No.01 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners/Accused on bail in Crime No.01 of 2026 pending on the file of the respondent Police. For Petitioners :
Mr.Swamisubramanian For Respondent :
Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
The petitioners, who were arrested and remanded to judicial custody on 05.01.2026, for the offence punishable under Sections 120B, 465, 468, 471, 420 of IPC in Crime No.01 of 2026, registered on the file of the respondent, seeks bail.
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2. The allegation against the petitioners is that, the petitioners herein are husband and wife and the first petitioner is the document writer and having knowledge about the non-availability of Plot No.49 in lay out formed, by colluding with petitioner-A1, obtained sale deed in their favour, as if the land is existed and sold the same in favour of the defacto complainant and collected a sum of Rs. 3,85,000/- when the defacto complainant to the place to clean up the property and it came to light that there is no such land in the lay out area. Hence, the case
3. The learned counsel appearing for the petitioners submitted that the petitioners have sold the land as early as 2010 and they are the innocent purchaser and they have not promoted the land with Accused No.1 as alleged in complaint. Hence, he prays to grant bail to the petitioners.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the first petitioner is the document writer and she was aware about the non-existence of plot No.49 and since the layout shows plot No.1 to 48 alone formed and approved by forging the layout and included a Plot No.49. The petitioner also knew that plot No.49 is available in the adjacent project which was situated in the next village and having the full knowledge about the numbers of layout, 2/7
thereby petitioners have cheated the defacto complainant. Hence, he strongly opposed the grant of bail to the petitioners.
5. Heard both sides and perused the materials available on record.
6. Considering the nature of allegations and the fact that the allegations are borne out by records and transactions were taken place in the year 2010, this Court is inclined to grant bail to the petitioners with certain conditions:
7. Accordingly, the petitioners is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Dharmapuri and on further conditions that: [a] 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;
[b] the petitioners shall report before the respondent police daily at 10.30.a.m., for a period of three weeks and thereafter as and when required for 3/7
interrogation;
[c] the petitioners shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;
[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. 29.01.2026 sma 4/7
Note :
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.
To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To
1. Judicial Magistrate No.II, Dharmapuri 2.The Inspector of Police, District Crime Branch, Dharmapuri Police Station, Dharmapuri.
3.The Sub Jail for Women, Dharmapuri.
4. District Prison, Dharmapuri.
5.The Public Prosecutor, High Court of Madras.
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K.RAJASEKAR, J.
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