Prakash v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Prakash

2. Vasumathy ..Petitioner(s) Vs The State rep by The Inspector of Police Kalavai Police Station, Ranipet District.

(Crime No.42 of 2026) ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 482 of BNSS, pleased to enlarge the petitioners on bail in the event of arrest by the respondent police in Crime No.42 of 2026 on the file of the respondent police. For Petitioner(s):

Mr.Thirumoorthy D For Respondent(s):

M/s.R.S.Indira Government Advocate (Criminal side)

ORDER

The petitioners apprehend arrest for the alleged offence under Section 420 of I.P.C. in Crime No.42 of 2026 on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that the petitioners cheated the defactocomplainant by selling Panchami land to him. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they had been falsely implicated in this case. He further submitted that they are ready to abide by any stringent condition that may be imposed by this Court and are ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police strongly objected this petition on the ground that petitioners sold the panchami land to defacto-complainant and thereby cheated him. She further submitted that first petitioner is having three previous cases. Hence, he opposed the grant of anticipatory bail to the petitioners. 5.

Considering the nature of allegations involving the sale of land, the date of registration of First Information Report on 21.02.2026, and the fact that the second petitioner is a woman, this Court is of the firm view that the custodial interrogation of the petitioners is not necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned District

Munsif cum Judicial Magistrate, Arcot, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, 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 first petitioner shall report before the respondent police daily Morning at 10.30 am and Evening at 5.30 pm. until further orders; the second petitioner shall appear before the respondent police 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];

C.KUMARAPPAN, J.

(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

05-06-2026 ep To 1.The District Munsif cum Judicial Magistrate, Arcot.

2.The Inspector of Police Kalavai Police Station, Ranipet District.

3.The Public Prosecutor High Court of Madras.