Muthaiah v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.01.2026 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.1142 of 2026 Muthaiah ... Petitioner Vs.

The State of Tamil Nadu, Through the Inspector of Police, Malli Police Station, Virudhunagar District.

(Crime No.40 of 2020) ... Respondent For Petitioner : Mr.S.Ramasamy For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.40 of 2020 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 1/6

for the offences punishable under Sections 406, 419, 465, 467, 468, 471 & 420 of IPC, Crime No.40 of 2020, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that one Mahendran given a complaint to the respondent on 04.04.2020 stating that he is running a construction company named A.A.Builders at Srivilliputhur. The land broker 1st accused Paramasivam and his son Saravanakumar(A2) came to his office and stated that the land of 11 acres at Appaiyanaickarpatti village belongs to Kannan of Sivakasi and the above said Paramasivam stated that he made sale agreement on the land and urged him to buy the land from him and he paid a advance amount of Rs. 6,00,000/- to the 1st accused and registered a sale deed in favour of his employees Ponnupandian and Ramar on 19.03.2020 by paying full sale consideration of Rs.

31,40,000/- and the later the 1st accused brought to the petitioner herein and two others and fabricated the documents as if the petitioner is the owner of the property and registered the same before the SubRegistrar, Srivilliputhur, with the help of the document writer 3rd accused Mahalingam and thereby the petitioner and other co-accused cheated him. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioner.

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3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature. Further, A1 is an AIDS patient, A2 is remanded and A3 has died. 5.The allegation against the petitioner is that he impersonated as Kannan. It is seen that A1 and A2 had received the amount. 6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.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 Judicial Magistrate No.II, Srivilliputhur, within a period of fifteen days from the date on which the order 3/6

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]the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioner shall not abscond either during investigation or trial. [e]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 down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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

22.01.2026 TMG 4/6

TO

1. Judicial Magistrate No.II, Srivilliputhur.

2.The Inspector of Police, Malli Police Station, 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.1142 of 2026 Date : 22.01.2026 6/6