Kanakajothi v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.02.2026 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.14365 of 2025 1.Kanakajothi 2.Sundararajan ... Petitioners Vs.

The State of Tamil Nadu, Rep. by the Inspector of Police, Seithur Rural Police Station, Virudhunagar District.

(Crime No.116 of 2025) ... Respondent For Petitioners : Mr.S.T.Sasidharan Tamilkani For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) For Intervenor : Mr.S.Ramasamy PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.116 of 2025 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 police for the offences punishable under Sections 406, 420, 294(b) and 506(1) of IPC, in Crime No.116 of 2025, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that there are 3 accused in this case. The petitioners herein are arrayed as accused nos.1 and 2. The 1st petitioner is the wife of the 2nd petitioner. The de-facto complainant purchased the property in survey No.380/8 to the extent of 1 acre and 84 cents through registered sale deed document No.1084/2015 dated 21.04.2015 from one Mr.Rajkumar who is the 3rd accused in this case. Thereafter, the de-facto complainant tried to transfer patta in his favour through revenue department. The officials of the said department informed the de-facto complainant that the government had allotted free land to the welfare of the Adidravidar people and there should not be any alienation with respect to the said property for the next 10 years. Earlier, the 1st petitioner executed a sale deed through registered document No: 3170/2009 in favour of one Rajkumar who is the 3rd accused herein. After that issue, the de-facto complainant questioned the petitioners herein and the other accused. He had even insisted them to cancel the said documents and provide 2/6

compensation to him. The quarrel ensued between them and they had even used filthy language and threatened him with dire consequences. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioners.

3.The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence. He seeks this Court to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioners are serious in nature.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with 3/6

two sureties each for a like sum to the satisfaction of the Learned Judicial Magistrate, Rajapalayam, Virudhunagar District, within a period of fifteen days from the date on which the order made ready 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 are directed to deposit a sum of Rs.4,00,000/- (Rupees Four Lakh Only), to the credit of Crime No.116 of 2025 before the learned Judicial Magistrate, Rajapalayam, Virudhunagar District, in installments. The 1st installment of Rs.3 Lakhs/- shall be paid at the time of producing surety and the 2nd installment of Rs.1 Lakh/- shall be paid within a period of two months therefrom.

The defacto complainant is permitted to withdraw Rs.2 Lakhs/-. The learned Judicial Magistrate, shall deposit the balance amount in an interest bearing Fixed Deposit in any Nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.116 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.

[c]the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required. 4/6

[d]the petitioners shall not tamper with the evidence or witness either during investigation or trial.

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

[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

23.02.2026 TMG TO

1. The Learned Judicial Magistrate, Rajapalayam, Virudhunagar District.

2.The Inspector of Police, Seithur Rural Police Station, Virudhunagar District.

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

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.14365 of 2025 Date : 23.02.2026 6/6