K Murali v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY and CRL MP(MD).No.7437 of 2025
1. K.Murali
2. A.Vikramaadhidan ... Petitioners/Accused Vs State of Tamilnadu, Represented by the Inspector of Police, District Crime Branch-II, Pudhukkottai District.
Pudukottai District.
(Cr.No.11 of 2025) ... Respondent/Complainant For Petitioners : Mr.G.Mathavan For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) For Intervenor : Mr.K.K,Samy PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/7
PRAYER :- For Anticipatory Bail in Crime No.11 of 2025 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 336(2), 336(3), 340(2), 318(2), 318(4) r/w Section 49 of BNS 2023, in Crime No.11 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 06.06.2025 when the defacto complainant one Ramanathan purchased and five other person purchased the property in Survey No.223/B2, 223/2A1, 223/3 situates at Pudukkottai from Vishvanathan as his power of attorney for one V.Gnanasekaran in the year 2014 and they are in the peaceful possession and enjoyment on the above said property. In the meantime, the defacto complainant came to know that their encumbrance in the above said property, after verification of the revenue record, Accused No.1 and other accused persons gave a release deed in favour of Accused No.4 and the petitioners are the sale agreement holders, thereby cheated the defacto complainant. Hence, the case has been registered. 2/7
3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are the sale agreement holders, they were falsely implicated in this case. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) submitted that the investigation is almost completed and there is no previous case pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.
5. The learned counsel for the Intervenor submitted that the petitioners along with other accused persons have cheated the defacto complainant. Henc, he strongly opposed for grant of anticipatory bail to the petitioners 3/7
6. Considering the facts and circumstances of the case and also the fact that the investigation has been almost completed, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of the petitioner shall 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 Court No.II, Pudhukottai, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:
[a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] the petitioners shall report before the respondent police as and when required for interrogation. 4/7
[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners shall not abscond either during investigation or trial.
[e]On breach of any of the aforesaid conditions, the learned 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 petitioner is 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
(S S Y J) 08.09.2025 msrm 5/7
To 1.The Judicial Magistrate Court No.II, Pudhukottai.
2.The Inspector of Police, District Crime Branch-II, Pudhukkottai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
6/7
S.SRIMATHY,J msrm
ORDER
IN and CRL MP(MD).No.7437 of 2025 08.09.2025 (1/3) 7/7