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Madras High CourtCRL OP(MD)/19566/2025granted

Alex Alis Alagar v. State Of Tamilnadu Rep By

2025-11-18Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.11.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.19566 of 2025 Alex @ Alagar ... Petitioner Vs.

State of Tamil Nadu, Rep by the Inspector of Police, Kodaikanal Police Station, Dindigul District.

(Crime No.252 of 2025) ... Respondent For Petitioner : Mr.M. Umar Frook For Respondent : Mr.E.Antony Sahaya Prabahar. Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.252 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 316(2), 318(4), 296(b), 351(2) of BNS, 2023, in Crime No.252 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on January 2024, the defacto complainant intended to purchase land in Kodaikanal for business purposes. He was introduced to the petitioner/1st accused, who claimed that the 2nd accused owned 47 cents of land. Believing it to be true, on 05.04.2024, the defacto complainant paid a sum of Rs.5,00,000/- as advance and a contract deed for a total sale consideration of Rs.45,00,000/-. Subsequently, an amount of Rs. 6,00,000/- was transferred to the 2nd accused's account through cheque. In this manner, a total of Rs.15,00,000/- was paid to the 2nd accused through the 1st accused. The understanding was that the property would be registered in the defacto complainant's name upon the payment of the remaining amount of Rs. 30,00,000/-.However, when the land documents were verified by the deed registration clerk, it was revealed that all the documents, including the death certificate and legal heirship certificate of the 2nd accused's father were forged. On 05.08.2025, when the defacto complainant questioned the petitioner/ 1st 2/6

accused and demanded the repayment of the money. The 1st accused allegedly shouted at him, used filthy language, and threatened to kill him. Hence, a case has been registered as against the petitioner. 3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the offences committed by the petitioner are serious in nature. 5.Considering the facts and circumstances of the case, 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 No.II, Kodaikanal, within a period of fifteen days from the date on which the order 3/6

copy made ready 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 is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh Only), to the credit of Crime No.252 of 2025 before the learned Judicial Magistrate No.II, Kodaikanal. After receipt of entire amount, the learned Judicial Magistrate, 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. 252 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 petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[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 4/6

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.

18.11.2025 TMG (2/2) TO

1. Judicial Magistrate Court No.II , Kodaikanal, Dindigul District.

2.The Inspector of Police, Kodaikanal Police Station, Dindigul 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.19566 of 2025 Date : 18.11.2025 (2/2) 6/6