Rajaram v. The State Rep By, The Sub-Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2026
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN 1.Rajaram 2.Arun Raj
3. Mohanraj ... Petitioners Vs.
State represented by The Sub Inspector of Police, Kalamaruthur Police Station, Kallakurichi District.
Crime No.40 of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on bail in the event of his arrest by the respondent police in the above Cr.No.40 of 2026 on the file of the respondent.
For Petitioners : Mr.S.Saravanakumar For Respondent : Mr.P.Dhileepan Government Advocate (Crl.Side)
ORDER
The petitioners apprehend arrest for the alleged offence under Sections 191(2), 296(b), 318(2) of BNS and subsequently added Sections 316, 351(3), 380(4) of BNS, in Crime No.40 of 2026 on the file of the respondent police seeks anticipatory bail.
1/5
2. The allegation against the petitioners is that defacto complainant has entered into sale agreement with A1 & A2 with respect to the property measuring 3.2 acres for total sale consideration. However, instead of selling the same to the defacto complainant, they have sold the said property to A3 to A5. Hence, the case.
3. The learned counsel appearing for the petitioners submitted that the petitioners are subsequent purchasers and are nothing to do with the alleged transactions. He further submitted that the sale deed was executed in favour of A3 to A5 during the year 2023 and the FIR came to be registered only on 12.02.2026. Hence, he prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioners.
5. Taking into consideration the totality of the circumstances and the fact that the petitioners are only a subsequent purchaser and the sale deed was executed during the year 2023 and the FIR came to be registered only on 2/5
12.02.2026 and at this length of time, no custodial interrogation of the petitioners is required, hence this Court is inclined to grant anticipatory bail to the petitioners.
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned District Judicial Magistrate No.II, Ulundurpet, Kallakurichi District, on condition that the petitioners shall execute 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 Magistrate concerned, and on further conditions:
(a) If the petitioners fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(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 identify proofs to ensure their identity;
(c) The petitioners shall report before the respondent police daily at 10.30 a.m., for a period of 30 3/5
days and thereafter as and when required;
(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 16.04.2026 sma To
1. District Judicial Magistrate No.II, Ulundurpet, Kallakurichi District 2.The Sub Inspector of Police, Kalamaruthur Police Station, Kallakurichi District.
3.The Public Prosecutor, High Court of Madras.
4/5
C.KUMARAPPAN.J.
sma 16.04.2026 5/5