Sivagami v. State Of Tamilnadu Rep By Inspector Of Police, Paramakudi Taluk

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Sivagami

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Sub Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District (Crime No.20 of 2026)

...Respondent

For Petitioner : Mr.Jeen Felix For Respondent : Mr.P.Kottaichamy Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.20 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/A4, who apprehend arrest at the hands of the respondent for the offences punishable under Section 309(6) of BNS in Crime No.20 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 12.02.2026 at about 10.30 a.m., the accused persons inducted the defacto complainant to invest in real estate venture and believing the words the defacto complainant agreed to purchase plots and paid substantial amounts in multiple instalments. The accused further assured that the layout was duly approved and arrangements have been made for registration. Despite receiving the money they neither executed valid sale deeds nor delivered possession of plots. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. The petitioner has nothing to do with the alleged crime and he has been implicated as an accused based on the confession statement given by the co2/6

accused. He would further submit that 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 the accused persons inducted the defacto complainant to invest in real estate venture and believing the words the defacto complainant agreed to purchase plots and paid substantial amounts in multiple instalments. Despite receiving the money they neither executed valid sale deeds nor delivered possession of plots. The offence is grave in nature. Hence, he opposes to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the fact that the petitioner has been implicated as an accused based on the confession given by the co-accused and that part of the property has been recovered and the fact that no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on 3/6

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 Paramakudi and on further conditions that:

[b] the petitioner shall report before the respondent police, daily at 10.00 a.m., for a period of thirty days. [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 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].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 09.04.2026 aav To 1.The Judicial Magistrate, Paramakudi 2.The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J aav

ORDER

IN CRL OP(MD) No. 6694 of 2026 Date : 09.04.2026 6/6