Nainamohammed v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/05/2026 PRESENT The HONOURABLE MR. JUSTICE K.MURALI SHANKAR Nainamohammed ... Petitioner/ Accused Vs The State of Tamilnadu, Rep By, The Sub-Inspector of Police, Keeramangalam Police Station, Pudukkottai District.

Cr.No.79/2026.

... Respondent/ Complainant For Petitioner : P Ganapathi Subramanian, Advocate.

For Respondent : Mr.T.Lenin Kumar, Counsel for State of Tamil Nadu (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.79 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 406, 420, 471 and 506(1) IPC, in Crime No.79 of 2026, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 16.04.2007, the petitioner/accused executed a sale agreement in favour of the defacto complainant for a sale consideration of Rs.2,50,000/-. At the time of execution of the said agreement, the defacto complainant paid a sum of Rs.2,00,000/-. Thereafter, on 15.03.2010, the petitioner executed another sale agreement in respect of the very same property for a sale consideration of Rs.3,00,000/- after cancelling the earlier sale agreement dated 16.04.2007. The petitioner has also agreed to execute a sale deed in favour of the defacto complainant on receipt of the balance sale consideration of Rs.1,00,000/-. While 2/7

so, the defacto complainant came to know that the petitioner's mother sold the property in favour of his sister. After knowing the same, on 31.01.2025, the defacto complainant has demanded the petitioner to repay the amount of Rs.2,00,000/-, he threatened her with dire consequences. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the dispute is purely civil in nature and a civil suit is also pending between the parties. He would further submit that the petitioner is ready to abide by any condition to be imposed by this Court.

4.The learned Counsel for State of Tamil Nadu (Crl. side) appearing for the respondent police would submit that the petitioner is not having any previous case.

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5. Considering the nature of offence and also the fact that it is a case of civil dispute and the petitioner is not having any previous case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Alangudi, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

[a]the petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m., for a period 4/7

of one month and thereafter, as and when required for interrogation;

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[d]the petitioner 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 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];

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS, 2023. (K M S J) 27.05.2026 OGY 5/7

TO

1. The District Munsif cum Judicial Magistrate, Alangudi.

2. The Sub-Inspector of Police, Keeramangalam Police Station, Pudukkottai District.

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

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K.MURALI SHANKAR,J.

ogy CRL OP(MD) No.9952 of 2026 Date : 27/05/2026 7/7