CRL OP(MD). No. 23701 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 23701 of 2025 Mani ...Petitioner/Accused Vs State of Tamil Nadu rep. by The Inspector of Police, District Crime Branch, Kanniyakumari. (Crime No. 3 of 2025 ) ...Respondent For Petitioner : Mr.S.Kanagarajan Advocate. For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. Side) For Intervenor : Mr.R.J.Karthick PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 3 of 2025 on the file of the respondent police. 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 23701 of 2025 ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 61(2) and 318(4) of BNS, 2023 in Crime No. 3 of 2025 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that the defacto complainant approached the petitioner along with A1 for want of Rs.15,00,000/ due to which the defacto complainant executed power of attorney in favour of the petitioner. However, the petitioner sold the property to third party by giving two cheques to the defacto complainant to the tune of Rs.15,00,000/- which were returned as insufficient fund. Hence, the case. 3. The learned counsel for the petitioner submits that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. He further submits that the petitioner has also given an affidavit to the effect that he is going to reconvey the 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 23701 of 2025 property and the petitioner was already granted interim anticipatory bail. Hence, he prays to grant Anticipatory Bail to the petitioner. 4. The learned counsel for the intervenoe submits that the petitioner along with A1 cheated the defacto complainant without giving money and selling the property to third party on the strength of the power of attorney executed by the defacto complainant. Hence, he opposes to grant anticipatory bail. 5. The learned Government Advocate (Crl. Side) fairly submits that there is a dispute between the accused and the defacto compainant regarding money transaction and the petitioner has also given an affidavit to the effect that he is going to reconvey the property and the petitioner was already granted interim anticipatory bail. However, he opposes to grant anticipatory bail to the petitioner, on the ground that the investigation is still pending and the offences are grave in nature. 5. Heard both sides and perused the materials available on record. 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 23701 of 2025 6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and considering the facts that the petitioner has no previous case and the petitioner has also given an affidavit to the effect that he is going to reconvey the property and the petitioner was already granted interim anticipatory bail, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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-II, Kuzhithurai, and on further conditions that: [b] the petitioner shall report before the respondent police, on every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation. [c] the petitioner shall not commit any offences of similar nature. 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 23701 of 2025 [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. (P D B J) 30.03.2026 apd To 1.The Judicial Magistrate-II, Kuzhithurai. 2.The Inspector of Police, District Crime Branch, 5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 23701 of 2025 Kanniyakumari. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. P. DHANABAL, J apd ORDER IN CRL OP(MD) No. 23701 of 2025 Date : 30.03.2026 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 23701 of 2025 7/7 https://www.mhc.tn.gov.in/judis