Selvam v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Selvam ... Petitioner/Accused Vs The State of Tamil Nadu Rep.By, the Inspector of Police, District Crime Branch, Virudhunagar District.
(Crime No.10 of 2024) ... Respondent/Complainant For Petitioner : Mr.G.Thalaimuthurasu Advocate.
For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.10 of 2024 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120B, 420, 465, 468, 471, 294(b), 506(2) of IPC, in Crime No.10 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the subject property, situated at Ammapatti, Sattur, Virudhunagar District, measuring an extent of 27.70 acres, originally belonged to IVR Prime Developers (ARRAKKU) Pvt. Ltd. It is alleged that A1, who is an Assistant Engineer, authorized to sell the properties of the said Company. To that effect, he produced a company resolution purporting to authorize him to deal with the property, although no such authority was genuinely conferred. Relying on this resolution, the part of property was sold in favour of the 2nd to 4 accused, and subsequently, the property was sold to the defacto complainant, his wife and his brother-in-law through three sale deeds. When the defacto complainant insisted on the production of the parent documents, the accused persons began to evade. It was under these circumstances, the complaint was lodged with the respondent-police. 2/7
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that co-accused had already been granted anticipatory bail by this Court in Crl,OP(MD).No. 11755 of 2025 dated 11.08.2025 and the petitioner is a subsequent purchaser and he is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that there is no previous case pending against the petitioner and the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and also the fact that the petitioner is a subsequent purchaser and co-accused had already been granted anticipatory bail by this Court and the investigation has been almost completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 3/7
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that 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 No.II, Virudhunagar District, within a period of fifteen days from the date of receipt of a copy of this order 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., until further orders. [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial. 4/7
[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 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) 12.09.2025 msrm 5/7
To 1.The Judicial Magistrate No.II, Virudhunagar District.
2.The Inspector of Police, District Crime Branch, Virudhunagar District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J msrm
ORDER
IN 12.09.2025 7/7