Perumalsamy v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.02.2026
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.2330 of 2026 1.Perumalsamy 2.Krishnaveni @ Krishnaveni Kayambu ... Petitioners
Versus
State rep by its, The Inspector of Police, District Crime Branch, Perambalur District.
(Crime No.40 of 2025) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioners on bail in the event of his arrest in Crime No.40 of 2025 on the file of the respondent police.
For Petitioners :
Mr.V.L.Akshai Sajin Kumar For Respondent :
Ms.J.R.Archana Government Advocate (Crl. Side) 1/7
O R D E R
The petitioners, who apprehend arrest by the respondent police for the offences punishable under Sections 406, 417 & 420 of IPC, in Crime No.40 of 2025 seek anticipatory bail.
2.The allegation against the petitioners/A1 and A2 is that the petitioners represented that they owned 14 cents of land and came forward to sell the same, thereby collected a sum of Rs.48,35,528/- from the defacto complainant. Subsequently, it was revealed that A1 owned only 7 cents of land and that the remaining 7 cents is Government poramboke land. Thus, the petitioners are alleged to have cheated the defacto complainant. Hence, the case.
3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and have been falsely implicated in this case. A civil suit has been filed challenging the sale deed in OS No.11 of 2025 on the file of the learned Principal District Court, Perambalur, in which the defacto complainant has also entered appearance. He also submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the 2/7
respondent police reiterated the prosecution case and submitted that it is the case of cheating and the investigation in this case is pending and the amount involved in this case is huge. Hence, he opposed for grant of anticipatory bail to the petitioners.
5. I have gone through the records and other connected materials. It reveals that civil suits are already pending regarding the lands in question, which were purchased and subsequently sold in favour of the defacto complainant, namely Rama Thilagam. Considering the nature of allegations and the materials placed on record, I am of the view that custodial interrogation of the petitioners is not necessary for the purpose of investigation. Therefore, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
7. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their 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.I, Court, Perambalur, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only), each with two sureties, each for a like sum to the satisfaction of the respondent police or the police 3/7
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 petitioners shall appear before the trial Court, on all working days at 10.30 a.m., for a period of two weeks and thereafter, on the dates fixed by the learned Trial Judge;
(c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners 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 petitioners in accordance with law as if the 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) AIR SCW 5560]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
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To 1.The Judicial Magistrate No.I, Court, Perambalur. 2.The Inspector of Police, District Crime Branch, Perambalur District.
3.The Public Prosecutor, High Court, Madras.
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K.RAJASEKAR, J.
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