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Madras High CourtCRL OP(MD)/16242/2025granted

G Balamurugan v. The State Of Tamilnadu Rep. By

2025-10-17Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY G.Balamurugan ... Petitioner Vs The State of Tamil Nadu Rep, by, the Inspector of Police, Alanganallur Police Station, Madurai District.

(Crime No.Not known of 2025) ... Respondent/Complainant For Petitioner : Mr.J.Jeyakumaran For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) For Intervenor/Defacto Complainant: Mr.S.Malaikani PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.Not known of 2025 on the file of the Respondent Police.

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 296(b) and 106(2) of BNS, in Crime No.Not known of 2025 on the file of the respondent police, seeks anticipatory bail.

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2. The case of the prosecution is that the defacto complainant and her husband have executed a sale agreement with the petitioner and subsequently, defacto complainant refused to register the sale deed and in order to escape from liability, she lodged the present complaint.

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 the petitioner 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 are no previous cases pending against the petitioner and the petitioner has complied the conditions imposed in the interim anticipatory bail. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and since the petitioner is complying the conditions imposed in the interim 2/4

anticipatory bail regularly, the interim anticipatory bail already granted is made absolute and 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, 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, Vadipatti, 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] since it is a case of civil dispute, the petitioner shall appear before the respondent police as and when required;

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S.SRIMATHY, J.

PJL [d]the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e]the petitioner 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.

17.10.2025 To 1.The Judicial Magistrate, Vadipatti.

2.The Inspector of Police,Alanganallur Police Station, Madurai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/4