Rajkumar v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR 1.Rajkumar 2.Sividhya ... Petitioners Vs.

The State Rep. By, The Sub Inspector of Police, CCB, Coimbatore City.

Crime No.20 of 2023 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of his arrest in Crime No.20 of 2023 on the file of the respondent police.

For Petitioners :

Mr.M.Jaikumar For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

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The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120(B), 406, 420 of IPC in Crime No.20 of 2023, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners have received a sum of Rs.2,60,000/- from the defacto complainant by promising that they will sell their land, however, the defacto complainant came to know to that the said property were sold by A2 to another company by suppressing the earlier agreement. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that it is a case of civil dispute and further submitted that the transactions were taken place in the year 2018 and the FIR was registered in the year 2023. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that A1 and A2 were husband and wife and they have promised to sell their land to the 2/6

defacto complainant and received a sum of Rs.2,60,000/- from the defacto complainant and failed to return the same. Hence, he opposed for grant of anticipatory bail to the petitioners.

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the submissions made by the learned counsels on either side and the fact that the transactions have been place in the year 2018 and the case was registered in the year 2023, 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 ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.VII, Coimbatore, on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that:

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[a] if the petitioners fails to surrender before the concerned Magistrate within a period of ten 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 the identity proofs to ensure their identity;

[c] the petitioners shall report before the respondent police daily at 10.30.a.m., for a period of two weeks and thereafter as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 4/6

06.10.2025 sma To 1.The Judicial Magistrate No.VII, Coimbatore.

2.The Sub Inspector of Police, CCB, Coimbatore City.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

sma 5/6

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