S.Sumathi v. State Of Tamilnadu Rep By Inspector Of Police, Cumbum South
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY
1. S.Sumathi
2. Rakshana
3. Roy Mon
4. Jaffar Sathiq ... Petitioners/Accused Vs State of Tamilnadu Rep by, The SubInspector of Police, Cumbum South Police Station, Theni District.
Crine No.Not known of 2026..
... Respondent/Complainant For Petitioner : SC.Herold Singh, Advocate.
For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PRAYER :- C-24AB For Anticipatory Bail in Crime No. of 2026 on the file of the respondent police.
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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 296(b), 351(2), 318(4) and 336(3) of BNS, [corresponding sections 294(b), 506(ii), 420 and 468 of IPC] in Crime No.not known of 2026 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant paid amount to the petitioners so as to purchase the property which stood in the name of the 2nd petitioner, however after receiving the amount, the petitioners failed to register the sale deed in favour of the de-facto complainant. When the same was questioned by the de-facto complainant, the petitioners threatened the de-facto complainant with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons 2/7
and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate(Crl. side) submitted that the defacto complainant and the petitioners are having several transaction between them. They were rival complainants and the present transaction is pertaining to the years 2021. However, he opposed for grant of anticipatory bail to the petitioners.
5.The learned counsel for the intervenor vehemently objected for granting anticipatory bail to the petitioners since the petitioners trespassed into the house of the defacto complainant two times and threatened the defacto complainant.
6. Considering the facts and circumstances of the case, this Court is inclined to grant 3/7
anticipatory bail to the petitioners, subject to certain conditions.
7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of 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, Uthamapalayam, within a period of fifteen days from the date on which the order copy is 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 shall report before the respondent police daily at 10.30 a.m., until further orders; the petitioners are strictly directed that 4/7
they shall not threaten or intimidate the defacto complainant;
[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial;
[d]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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.
05.02.2026 PJL 5/7
TO 1.Judicial Magistrate, Uthamapalayam.
2. The Sub Inspector of Police, Cumbum South Police Station, Theni District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J PJL
ORDER
IN CRL OP(MD) No.1429 of 2026 Date : 05/02/2026 7/7