M.Dasayyan v. A.Akbar Ali

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL in Crl.O.P.(MD).No.14940 of 2025 M.Dasayyan ..Petitioner/Defacto complainant Vs 1.A.Akbar Ali 2.K.Pratheepan .. 1st & 2nd Respondents/A2 & A3 3.The State of Tamilnadu Rep. By, The Inspector of Police, Perumalpuram Police Station, Tirunelveli City, Tirunelveli..

(Crime No.173 of 2025) ...3rd Respondent/Complainant For Petitioner:Mr.V.P.Rajan Advocate.

For Respondent :Mr.M.Karunanithi(for R3) Government Advocate (Crl. Side) Mr.A.Vadivel (for R1 & R2) 1/6

PRAYER :- This Criminal Miscellaneous petition is filed under Section 483(3) of BNS r/w 439(2) of Cr.P.C., to cancel the anticipatory bail order in Crl.O.P.(MD).No.14940 of 2025, dated 20.11.2025 passed by this Court.

ORDER

The present Criminal Miscellaneous Petition has been filed seeking cancellation of the anticipatory bail granted to the respondents 1 and 2/A2 & A3 by this Court in Crl.O.P.(MD).No. 14940 of 2025, dated 20.11.2025.

2.According to the petitioner, the matter had been settled between the parties before the mediation. After settling the matter before the mediation and granting anticipatory bail to the accused persons, the purchaser namely, Usha Ayyappan, failed to cancel and settle all the issues relating to the sale deed registered as Doc.No.858/1992, power doc.No.16719/2022 and sale 2/6

deed No.2247/2003 before the Sub Registrar office, Melapalayam, Tirunelveli District. Hence, he seeks cancellation of the anticipatory bail granted to the respondents 1 and 2.

3.The learned counsel appearing for the respondents 1 and 2 would submit that during the mediation process, he contacted the said Usha Ayyappan, who is residing in the USA, and she agreed to cancel the aforesaid sale deeds. He would further submit that she is now unable to come to India and therefore, she is unable to cancel the said sale deeds.

4. Heard the learned counsel appearing on either sides and perused the materials available on records.

5.This Court, while granting anticipatory bail to respondents 1 and 2, referred the matter 3/6

to mediation, and the dispute was settled before the Mediation Centre. However, the said Usha Ayyappan, the original owner, who purchased the property from the accused persons, was not a party to the said mediation agreement. Even according to the mediation report, the petitioner states that the accused persons had contacted the said Usha Ayyappan, and she had agreed to cancel the sale deeds and settle the issues. Since she is not a party to the mediation proceedings, this Court cannot compel the said Usha Ayyappan to act in terms of the settlement.

6.In view of the above discussion, this Court does not find any ground to cancel the anticipatory bail granted to the respondents 1 and 2. Accordingly, there are no grounds to cancel the anticipatory bail already granted to the respondents 1 and 2.

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7. In the result, this Criminal Miscellaneous Petition is dismissed.

(P D B J) 22.04.2026 vsg To 1.The Inspector of Police, Perumalpuram Police Station, Tirunelveli City, Tirunelveli..

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J., vsg

ORDER

IN CRL MP(MD) No. 6503 of 2026 in Crl.O.P.(MD).No.14940 of 2025 Date : 22.04.2026 6/6