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Madras High CourtCRL OP(MD)/693/2026granted

G.Sivamuthu v. State Of Tamilnadu Rep By Inspector Of Police, Dcb

2026-02-23Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.02.2026 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.693 of 2026 1.G.Sivamuthu 2.S.Revathi 3.G.Uma ... Petitioners Vs.

The State of Tamil Nadu, Rep. by the Inspector of Police, District Crime Branch, Virudhunagar, Virudhunagar District.

(Crime No.1 of 2026) ... Respondent (Amended as per the order of this Court, dated 23.02.2026, made in CRL MP(MD)No.3096 of 2026 in CRL OP(MD)No.693 of 2026) For Petitioners : Mr.M.Solaisamy For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) For Intervenor : J.Vishnu PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Cr.No.1 of 2026 on the file of the respondent police.

ORDER: The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120-B, 406 and 420 of IPC, in Crime No.1 of 2026, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the complaint has been preferred by one Kannan, that he had entered into a sale agreement with the 1st petitioner. He paid an amount of Rs.28 lakhs/- as advance. Subsequently, he paid an amount of Rs.2.50 Lakhs/- to the 1st petitioner to purchase the properties. But the 1st petitioner along with other petitioners cheated the de-facto complainant. Further the 1st petitioner destroyed the sale agreement dated 21.02.2024. So, the petitioners have deceived the de facto complainant and caused monetory loss to the de facto complainant. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioners.

3.The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not 2/6

committed any offence. He seeks this Court to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioners are serious in nature.

5.Considering the facts and circumstances of the case, 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, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate No.2, Virudhunagar, within a period of fifteen days from the date on which the order copy made ready and on further conditions 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioners 1 and 2 are directed to deposit a sum of Rs.5,00,000/- 3/6

(Rupees Five Lakh Only) each, to the credit of Crime No.1 of 2026 before the learned Judicial Magistrate No.2, Virudhunagar within a period of six weeks from the date on which the order copy made ready. After receipt of entire amount, the learned Judicial Magistrate, shall deposit the said amount in an interest bearing Fixed Deposit in any Nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.1 of 2026. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.

[c]the 1st petitioner shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required. The petitioners 2 and 3 shall report before the respondent police as and when required.

[d]the petitioners shall not tamper with the evidence or witness either during investigation or trial.

[e]the petitioners shall not abscond either during investigation or trial. [f]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 is released on bail by the learned Magistrate/Trial Court himself 4/6

as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

23.02.2026 TMG (1/3) TO 1.Judicial Magistrate No.2, Virudhunagar.

2.The Inspector of Police, District Crime Branch, Virudhunagar, Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.693 of 2026 Date : 23.02.2026 (1/3) 6/6