Krishnan v. The State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Krishnan S/o.Palanivel, Flat No.4028, Padmakeeran Enclave, No.325D Trichy Road, Singanallur, Coimbatore-641 005 ..Petitioner(s) Vs The State rep by, Inspector of Police City Crime Branch-ll, Coimbatore.

(Crime No. 1 of 2026) ..Respondent(s) PRAYER : To enlarge the Petitioner/1st Accused on bail in the event of arrest in connection with the above said Grime No.1 of 2026 on the file of the respondent and thus render justice.

For Petitioner(s):

Mr.B.Thirumalai For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl Side)

ORDER

The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 406, 420, 506(i) and 120(B) of IPC in connection with the case in Crime No.1 of 2026, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, being the promoter, approached the defacto complainant, entered into a Memorandum of Understanding, executed a Joint Development Agreement, besides executing General Power of Attorney in favour of the petitioner. After that, the petitioner took possession of the property and stated to construct Apartment in the subject property and subsequently without getting Life Certificate from the defacto complainant, executed Sale Deed and cheated her. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side), reiterated the prosecution case and on instructions, would submit that investigation is pending, however, there is no previous case against the petitioner and hence, he strongly opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side and considering the nature of offences, even according to the prosecution case the occurrence took place on 22.03.2019 and the FIR was registered only on 15.04.2025, there is a dispute between the parties based on

construction of building through construction agreement and it seems it is a business dispute between the parties and there is no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen 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.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 conditions that:

[a] the petitioner 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 petitioner shall report before the respondent police for a period of thirty days daily at 10.30 a.m., until further orders. [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].

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

13-05-2026 Index: Yes/No Speaking/Non-speaking order MTL/SSB 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. The Judicial Magistrate No.VII, Coimbatore.

2. The Inspector of Police City Crime Branch-ll, Coimbatore.

(Crime No. 1 of 2026) 3.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

MTL/SSB 13-05-2026