Darmar @ Dharmar v. State Of Tamilnadu Rep By Inspector Of Police, Andipatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.03.2026 PRESENT THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN CRL OP(MD)No.14 of 2026 Darmar @ Dharmar ... Petitioner/ accused No.4

Versus

The State of Tamil Nadu, Rep by the Inspector of Police, Aundipatti Police Station, Theni District.

(In Crime No.695 of 2025) ... Respondent / Complainant PRAYER :-Criminal Original Petition filed under Section 482 of the BNSS, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.695 of 2025 on the file of the respondent police. For Petitioner :

Mr.C.Susikumar For Respondent :

Mr.P.Kottaichamy, Government Advocate (Criminal Side) 1/6

ORDER : The Court made the following order :- The petitioner/Accused No.4, who apprehends arrest at the hands of the respondent police in Crime No.695 of 2026 for the offences punishable under Sections 318(4) and 351(3) of BNS Act 2023, seeks anticipatory bail.

2. According to the complaint, A1 and A2 approached the de facto complainant that they intended to sell the property and received the original documents from him. Thereafter, the de facto complainant handed over the original documents to the accused for the purpose of rectification. Subsequently, the accused refused to return the documents, despite the de facto complainant declining to enter into a sale agreement with the persons proposed by the accused. Hence, the present case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as A4, and his son acted as the document writer. He further submitted that subsequent to the registration of the case, A1 was arrested and later released on bail. He further submitted that 2/6

the original documents had been handed over to the defacto complainant. Hence, he seeks anticipatory bail for the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there is no previous case as against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. This Court has considered the submissions made on either side.

6. Considering the facts and circumstances of the case and also the fact that original documents was handed over to the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, this petition is allowed and the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aundipatti, on condition that the petitioner shall execute a bond for a sum of 3/6

Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall appear and sign before the respondent police daily at 10.30 a.m. for a period of 15 days and thereafter, as an when required for interrogation;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

(e) 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 4/6

(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

11.03.2026 ebsi To

1. The Judicial Magistrate, Aundipatti.

2.The Inspector of Police, Aundipatti Police Station, Theni District.

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

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K.K.RAMAKRISHNAN ,J.

ebsi

ORDER

IN CRL OP(MD) No.14 of 2026 Date : 11.03.2026 6/6