K.Velusamy v. State Rep. By Its Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-04-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN

1. K.Velusamy

2. Kanimozhi

3. Selvarani

4. Priyadharshini

5. Sumathra ..Petitioners Vs State Rep. by its The Inspector of Police District Crime Branch (DCB), Tiruvarur (Crime No. 0001 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 their arrest in Crime No.0001 of 2026 on the file of the Respondent Police, pending investigation and thus render justice. For Petitioners:

Mr.G.Mani Prabhu For Respondent:

Mr.P.Dhileepan Govt Advocate (Crl.Side)

ORDER

The petitioners apprehends arrest for the alleged offence under Sections 318(4), 316, 61 and 49 of Bharatiya Nyaya Sanhita (BNS) in Crime No.0001 of

2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the 1st petitioner and the de facto complainant are childhood friends. On the promise of purchasing a land, the 1st petitioner received Rs.63,70,000/- on various dates by way of bank transactions. However, the petitioner failed to complete the sale transaction and returned only a partial amount to the de facto complainant. Hence, this case.

3. The learned counsel for the petitioners, pleading innocence on the part of the petitioners and false implication in the case, seeks indulgence of this Court. He further submitted that he had repaid Rs15,00,000/- and also Rs.6,50,000/- by cash and for remaining Rs.40,00,000/-, the petitioners have issued two cheques and the same were dishonored. The petitioners are ready to abide by any stringent condition that may be imposed by this court.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioners has returned Rs.15,00,000/- and for the remaining amount, cheques were issued and the same was presented for collection, however, the cheques got dishonored. That apart, civil suits are pending in this regard. Hence, he opposed to grant anticipatory bail to the petitioners.

5.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials available on record.

6.Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Tiruvarur, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and 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 1st petitioner shall report before the respondent police

everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation; Other petitioners (except 1st petitioner) shall report before the respondent police as and when required for interrogation. [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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

30-04-2026 SHL To:

1. The Judicial Magistrate Tiruvarur

2. The Inspector of Police District Crime Branch (DCB), Tiruvarur

3. The Public Prosecutor High Court of Madras

G.K.ILANTHIRAIYAN J.

SHL 30-04-2026