Sivananthapandian v. State Of Tamilnadu Rep By Inspector Of Police, Thisayanvilai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Sivananthapandian

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Thisayanvilai Police Station Tirunelveli District (Crime No.372 of 2026)

...Respondent

For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondent : Mr.M.Karunanithi Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.372 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 318(4), 296(b) and 351(2) of BNS in Crime No.372 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is doing real estate business and the petitioner herein received a sum of Rs.4,00,000/- from the defacto complainant by representing that he would arrange to purchase land. The petitioner has executed receipt for having received the amount as advance and he cheated the defacto complainant by making false representation. 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. He would further submit that the petitioner has repaid the advance amount and the defacto complainant has given a motivated complaint. Hence, he prays to grant anticipatory bail to the petitioner.

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4. The learned Government Advocate(Crl.Side) would submit that the petitioner has executed receipt for having received the amount as advance and thereafter he cheated the defacto complainant by making false representation.. He would further submit that the investigation is still pending. 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 even according to the case of prosecution there was a dispute between the parties in respect of sale of property and thereafter the sale agreement amount has been paid and also the fact that no previous case is pending against the petitioner and the alleged occurrence took place in the year 2013 but the First Information Report has been registered belatedly, 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 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 District Munsif 3/6

cum Judicial Magistrate Court, Thisayanvilai and on further conditions that:

[b] the petitioner shall report before the respondent police, on every Saturday at 10.30 a.m., for a period of four weeks [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) 27.04.2026 aav To 1.The District Munsif cum Judicial Magistrate Court, Thisayanvilai 2.The Inspector of Police, Thisayanvilai Police Station Tirunelveli 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. 8220 of 2026 Date : 27.04.2026 6/6