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Madras High CourtCRL OP(MD)/15133/2025granted

Karthikeyan Manikandan v. The State Of Tamilnadu

2025-09-15Honourable Mrs Justice S.Srimathy6 pages

CRL OP(MD) NO. 15133 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15-09-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 15133 of 2025

1. Karthikeyan Manikandan

2. Vasupradha Petitioner(s) Vs The Inspector of Police, Central Crime Branch, Trichy City.

Crime No.10 of 2025 Respondent(s) For Petitioner(s):

Mr.N.Dilipkumar For Respondent(s):

Mr.A.S.Abul Kalaam Azad, Government Advocate (crl. Side) For Intervenor Mr.B. Jeyakumar Prayer: For Anticipatory Bail in Crime No. 10 of 2025 on the file of the Respondent Police.

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 406 &

420 of IPC and Section 24 of the 'Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seek anticipatory bail.

2. The case of the prosecution is that, the family properties belonging to the complainant's husband and father of the 1st petitioner, were sold by promoting a layout and sale consideration amount was fraudulently usurped by the accused persons. The complainant alleged that she was cheated for a total sum of Rs.30,67,75,000/-. Hence, a case has been registered.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution.

4. The learned Government Advocate(Crl.side) appearing for the respondent Police submitted that it is a real estate business which was conducted by the petitioners and there is a money dispute between the parties and hence, strongly objected to grant anticipatory bail to the petitioners.

5. Considering the facts of the case since it is a real estate business which was conducted by the petitioners and there is a dispute arose between the parties regarding fixing the rate of the land. Therefore,

this Court is of the considered opinion that it is not a cheating. All the transactions done through bank. In case, if there is any cash transactions the petitioners are liable to produce statement of accounts.

6. By taking al these reasons into consideration, this Court is inclined to grant anticipatory bail to the petitioners.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court-I, Trichy, on condition that the petitioners 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate Court-I, Trichy, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the petitioners are directed to produce all the transactions especially statement of accounts and details of the plot sold. (b) 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 Aadhar card or Bank pass Book to ensure their identity; (c) the petitioners shall furnish his residential address and mobile number to the learned Judicial Magistrate Court-I, Trichy. In the event of

any change in his residential address, the petitioners shall report the same to the learned Judicial Magistrate Court-I, Trichy; (d) the petitioners shall appear before the respondent police as on when required for investigation;

(e) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioners shall not abscond either during investigation or trial;

(g) 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 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] and;

(h) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 15-09-2025 [2/2] KSA

To

1. The Judicial Magistrate Court-I, Trichy

2. The Inspector of Police, Central Crime Branch, Trichy City.

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

S.SRIMATHY, J, KSA Order made in Crl.O.P(MD)No.15133 of 2025 [2/2] 15.09.2025