Periyanayagam v. The State Of Tamilnadu Rep.By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.11.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY Periyanayagam ... Petitioner/Accused Vs The State of Tamilnadu, Represented by the Inspector of Police, District Crime Branch, Trichy District.
(Crime No.26 of 2025) ... Respondent/Complainant For Petitioner : Mr.Lenin Kumar For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) For Intervenor : Mr.K.M.Karunakaran PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.26 of 2025 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 406, 420 & 120(B) of IPC, in Crime No.26 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant and his friends have purchased certain properties. Further, the defacto complainant had appointed one Palanivel as his power agent to sell the properties. Further, the said Palanivel and Senthil Kumar had fabricated the life certificate of the de facto complainant and sold the property to this petitioner. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the peititoner is a bonafide purchaser, a false case has been given. Hence, he seeks anticipatory bail to the petitioner.
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4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there is no previous case pending against the petitioner and the investigation is still pending. However, he vehemently opposed for grant of anticipatory bail to the petitioner.
5. The learned counsel for the Intervenor/defacto complainant submitted that the petitioner along with other accused persons had cheated the defacto complainant. Hence, he strongly opposed for grant of anticipatory bail to the petitioner.
6. Taking into consideration of the facts and circumstances of the case and also the fact that no one was sustained injuries and the petitioner is willing to deposit some amount, hence, anticipatory bail is granted with certain conditions.
7. 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 on which the order copy made ready, before the learned Judicial Magistrate No.V, Trichy, on condition that the petitioner shall 3/7
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 No.V, Trichy, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank pass Book to ensure their identity;
(b )the petitioner is directed to deposit a sum of Rs. 75,000/- (Rupees Seventy Five Thousand only) to the credit of Crime No.26 of 2025 before the learned Judicial Magistrate No.V, Trichy. On such deposit, the learned Judicial Magistrate No.V, Trichy shall accept the sureties furnished by the petitioner. After receipt of entire amount, the learned Judicial Magistrate No.V, Trichy, shall deposit the said 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.26 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment. 4/7
(c) the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation. (d) the petitioner shall not tamper with 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 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;
(g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 06.11.2025 msrm 5/7
To 1.The learned Judicial Magistrate No.V, Trichy.
2.The Inspector of Police, District Crime Branch, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY, J.
msrm
ORDER
IN CRL OP(MD) No.19513 of 2025 06.11.2025 7/7