Mareeswari v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL 1.Muneeswari 2.T.S.Jeyakumaran @ Jayakumaran

...Petitioners/Accused -2 & 3

Vs State of Tamil Nadu rep. by The Inspector of Police, Sivakasi East Police Station Virudhunagar.

(Crime No. 61 of 2026 )

...Respondent/Complainant

For Petitioners : Mr.M.Prabu Advocate.

For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 61 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 for the offences punishable under Sections 316(2), 318(2), 318(4), 336(2), 336(3), 340(2), 296(b), 351(2) and 3(5) of BNS, 2023, in Crime No. 61 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the accused persons fraudulently intended to sell the property to the defacto complainant, due to which the defacto complainant paid advance amount. Later, he came to know about that the said land is owned by one Muralidaran. Hence, the petitioners and other accused cheated the defacto complainant for a sum of Rs.69,00,000/-. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. He would further 2/6

submit that co-accused was released on bail. Hence, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) would submit that based on the complaint given by the defacto complainant, a case has been registered for the offences punishable under Sections 316(2), 318(2), 318(4), 336(2), 336(3), 340(2), 296(b), 351(2) and 3(5) of BNS, 2023, in Crime No. 61 of 2026. He would further submit that there is a property dispute between the parties. He would further submit that the petitioners have no previous case. He would further submit that the investigation is pending and the offences are grave in nature and hence, he opposed to grant anticipatory bail to the petitioners.

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

6. Considering the rival submissions made on either side and the nature of offences charged against the petitioners, and considering the facts that there is a property dispute between the parties and the date of occurrence is on 18.09.2025 and however, the FIR has been registered 3/6

only on 18.01.2026 and there is a delay in registering FIR and also coaccused was released on bail and also the petitioners have no previous case, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

[a] Accordingly, the petitioners are 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 -II, Sivakasi, Virudhunagar, and on further conditions that:

[b] the petitioners shall report before the respondent police, on every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation.

[c] the petitioners shall not commit any offences of similar nature.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

(P D B J) 30.04.2026 apd To 1.The Judicial Magistrate -II, Sivakasi, Virudhunagar. 2.The Inspector of Police, Sivakasi East Police Station Virudhunagar.

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

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P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 8780 of 2026 Date : 30.04.2026 6/6