Xaviour Alis Xavier v. The State Of Tamilnadu Rep.By Inspector Of Police,Dcb, Thoothukudi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.02.2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Xaviour Alis Xavier .. Petitioner/A2 Vs The State of Tamilnadu Rep.By, The Inspector of Police, District Crime Branch, Thoothukudi District (Cr.No.37/2025).
... Respondent/Complainant For Petitioner : M/s.J.Joseph Zinoson, Advocate.
For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-24AB For Anticipatory Bail in Crime No. 37 of 2025 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences 1/7
punishable under Sections 120(b), 419, 465, 468, 471 & 420 of IPC, in Crime No.37 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the first accused executed a general Power of Attorney in favour of the first petitioner/A2 by impersonating the defacto complainant's vendor's vendor name, Sankaralingam, based on which the first petitioner sold the lands to A4 company namely, Meridien Promoters Pvt. Ltd., and the third petitioner is the authorized signatory of the said Company and the second petitioner is the Director of the said Company. Subsequently, the said Company obtained loan from the City Union Bank, Chennai by depositing the fraudulent title deed in collusion with the Bank Manager. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the 2/7
petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that there is no previous case pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and also considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 learned Judicial Magistrate No.IV, Thoothukudi, within a period of fifteen days from the date on which the order copy is 3/7
made ready 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 Aadhaar card or bank pass book to ensure their identity;
[b] At the time of producing the sureties, the petitioner is directed to deposit a sum of Rs.5,00,000/-(Rupees Five Lakhs only) to the credit of Crime No.37 of 2025 on the file of the learned Judicial Magistrate No.IV, Thoothukudi.
After depositing the entire amount, the 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. The learned Judicial Magistrate or Trial Court shall 4/7
pass orders regarding entitlement of the said amount in its final order/Judgment;
if any default in payment of installments, the anticipatory bail granted will be automatically dismissed;
[c] the petitioner shall report before the respondent police daily at 10.30 a.m, until further orders;
[d]the petitioner shall not tamper with the evidence or witness either during investigation or trial;
[e]the petitioner 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 as laid 5/7
down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[g] If the petitioner/accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
17.02.2026 vsg TO
1. The Judicial Magistrate No.IV, Thoothukudi.
2. Do-Through The Chief Judicial Magistrate, Tuticorin District.
3. The Inspector of Police, District Crime Branch, Thoothukudi District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J vsg
ORDER
IN CRL OP(MD) No.1099 of 2026 Date : 17.02.2026 7/7