Selvalakeshmi Alias Selvalakshmi v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-12-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.28079 of 2025

1. Selvalakeshmi @ Selvalakshmi

2. Santhoshkumar ... Petitioners / A2 & A3 Vs The State Rep. By, The Inspector of Police, DCB Perambalur Police Station, Perambalur District.

(Crime No.29 of 2025) ... Respondent/ Complainant PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners herein on anticipatory bail in the event of their arrest by the respondent in Crime No.29 of 2025 on the file of the respondent police.

For Petitioners : Mr. Swami Subramanian For Respondent : M/s. J.R. Archana Government Advocate (Crl.Side) ****** 1/6

O R D E R

The petitioners herein, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120B, 406, 420, 294(b) and 506(ii) of IPC in Crime No.29 of 2025 on the file of the respondent Police, seek anticipatory bail.

2.

The case of the prosecution is that, the petitioners herein and other accused inherited a property in New No.72/4 (0.67 1⁄2 cents) 72/3 1.50 cents, a well in Survey No.72/3, 5 HP Motor; that whileso, the petitioners herein along with other accused entered into an unregistered sale agreement over the aforesaid land by fixing the sale consideration as Rs.11,04,000/- and paid an advance amount of Rs.2,50,000/- to the second petitioner's account through Gpay; that thereafter, paid the balance amount to A1 in this case before the SRO on 25.08.2022; that when the SRO asked about the mother documents of the said property, A1 informed that he forgot to bring the same, due to which, the registration was postponed; that thereafter, the accused had dragged the registration process and subsequently, cheated the defacto complainant by neither registering the document nor repaying the amount. Hence, this case.

3.

The learned counsel appearing for the petitioners submitted that the 2/6

petitioners have been falsely implicated in this case; that the alleged occurrence is said to have taken place in the year 2022 and the present FIR came to be registered on 14.08.2025; that the A1 in this case had returned back a sum of Rs.7,54,000/- on 25.08.2022 itself to the defacto complainant; that the co-accused/ A1 in this case was already granted interim anticipatory bail by this Court, vide order dated 15.10.2025 in Crl.O.P.No.28079 of 2025; and that the petitioners are ready to abide by any conditions that may be imposed by this Court and to co-operate for the investigation, hence sought for anticipatory bail to the petitioners. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the anticipatory bail to the petitioners reiterated the prosecution case and submitted that the investigation of this case is pending. 5.

Considering the submissions made, facts and circumstances of this case, nature of allegation, the fact that the co-accused/ A1 has been granted anticipatory bail by this Court in Crl.O.P.No.28079 of 2025 and custodial interrogation of the petitioners is not necessary for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with 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 days from the date 3/6

on which the order copy made ready, before the learned Judicial Magistrate No.I, Perambalur on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] if the petitioners fail to surrender before the concerned Magistrate within a period of fifteen days from the date of receipt of 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 petitioner 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 4/6

SCC 283];

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

11.12.2025 (2/2) stn To

1. The Judicial Magistrate - I, Perambalur.

2. The Inspector of Police, DCB Perambalur Police Station, Perambalur District.

(Crime No.29 of 2025)

3. The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J.

stn 5/6

CRL OP NO.28415 of 2025 11.12.2025 (2/2) 6/6