Markkandan v. State Of Tamilnadu Rep By Inspector Of Police, Rajapalayam South
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01/04/2026
CORAM
THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No.5163 of 2026 Markkandan ... Petitioner/A2 Vs State of Tamilnadu Rep by, The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.
Crime No.407/2025.
... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No.407/2025 on the file of the respondent police For Petitioner : Mr.S.Malaikani, Advocate.
For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6
The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 467, 468, 471 and 120(B) of IPC, in Crime No.407 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the the properties subject in the FIR was originally belonged to the defacto complainant's husband's forebears and they were in possession and enjoyment of the properties. In such circumstances, the defacto complainant's husband passed away on 01.10.1996. Thereafter, on believing the words of the petitioner/A2, on 23.12.2023, the complainant executed a power deed in favour of him vide D.No.6796 of 2023. Subsequently, without her knowledge, on 26.03.2024, the petitioner executed a sale deed in favour of A3 and also obtained life certificate. Hence, the defacto complainant lodged a complaint before the respondent police. But the respondent police has not taken any effective steps. Hence, she filed a private complaint before the learned Judicial Magistrate under Section 156(3) of Cr.P.C., and as per direction of the learned Judicial Magistrate, the respondent police registered a case against the accused for the aforesaid offences. Hence, 2/6
this case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that one of the relative of the complainant wanted to have the property. Only for that purpose, this case has been registered and no previous case is pending against the petitioner. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) would submit that on the strength of power deed executed by the complainant, without her knowledge, the petitioner/A2 executed a sale deed in favour of A3. Hence, he opposes to grant anticipatory bail to the petitioner. However, he fairly conceded that the petitioner has no previous case.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions on either side and the nature 3/6
of offences charged against the petitioner and there is a dispute between the parties with regard to execution of power deed and the petitioner is a power holder and he has no previous case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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, Rajapalayam, and on further conditions that:
[b] the petitioner shall report before the respondent police, every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation.
[c] the petitioner shall not commit any offences of similar nature.
[d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall not tamper with evidence or 4/6
witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial 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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S;
01.04.2026 3/3 dss 5/6
P. DHANABAL,J dss To 1.The Judicial Magistrate, Rajapalayam.
2.The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.5163 of 2026 Date : 01/04/2026 3/3 6/6