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2026 DAILYLAW 29843 (MAD)

Dillidurai v. Stae by, The Inspector of Police

CRL OP/11675/2026 · 2026-06-03

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 11675 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-06-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 11675 of 2026 Dillidurai S/o.Ranganathan, No.1-A, Jayaram Nagar, Nerkundrum, Tiruvallur District. ..Petitioner(s) Vs Stae by, The Inspector of Police, Team No.8, Central Crime Branch (CCB), Tambaram City Police, Sholinganallur, Tambaram Commissionarate, Crime N0.94/2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in the event of arrest by the respondent police in Crime. N0.94/2026 on the file of the respondent police and thus render justice. For Petitioner(s): M/S. Thirumoorthy D For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE ) ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 420, 465, 467, 468, 471 & 120(B) of IPC, in Crime No.94 of 2026, on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 11675 of 2026 __________ Page2 of 6 2.The case of the prosecution is that the alleged offence took place in the year 2020, wherein one Mrs. Lavanya is the defacto complainant. The gist of the complaint is that the Petitioner, by making wilful misrepresentations, executed a registered Sale Deed dated 09.03.2020, registered as Document No. 2074/2020 on the file of the SRO, Padappai, in favour of the defacto complainant. It is further alleged that the Petitioner lacked a clear marketable title over the subject property and that by playing fraud and fabricating forged documents, the Petitioner received the sale consideration and executed the conveyance without possessing any legal rights over the property. On these allegations, the present complaint was lodged against the Petitioner, seeking criminal action against him. 3.The learned counsel for the Petitioner submitted that there are a total of six accused in this case, and the Petitioner is arrayed as A4. He submitted that the defacto complainant is the purchaser of the property from the Petitioner. He further submitted that the Petitioner purchased the property in the year 2017 and sold it to the defacto complainant in 2020, and that after a lapse of six years, the defacto complainant lodged this complaint alleging that the Petitioner sold the property with a defective title. He also submitted that the Petitioner is only a subsequent purchaser, having acquired the property from A1 to A3; therefore, he must also be construed as a victim. Lastly, he submitted that the custodial https://www.mhc.tn.gov.in/judis CRL OP No. 11675 of 2026 __________ Page3 of 6 interrogation of the Petitioner is not essential and, hence, prayed for the grant of anticipatory bail to the Petitioner. 4.However, the said contention was totally objected by the learned Government Advocate (Crl.Side) and submitted that the petitioner has cheated the defacto complainant by selling the property in which no title at all. He would submit that unless the petitioner is taken on custody, the question of layering of the money could not be identified. He further submitted that the 3rd accused had already been arrested on 02.06.2026. However, he opposed granting anticipatory bail to the petitioner. 5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 6. Here the petitioner has admittedly sold the property to the defacto complainant in the year 2020 and he purchased the property during 2017 and he derived title based on the document dated 30.11.1982. It is the contention of the petitioner that he is not the original owner and he has also purchased the property from the other accused. Therefore, it is the specific contention of the petitioner that he must also be construed as a victim. Such contention cannot be outrightly rejected and apart from that though the property was purchased in the year 2020 and the complaint came to be registered only during 2026. In such https://www.mhc.tn.gov.in/judis CRL OP No. 11675 of 2026 __________ Page4 of 6 circumstances, this Court is of the firm view that the custodial interrogation of the petitioner is not necessary, hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Tambaram, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioner shall sign before the respondent police twice a day at 10.30 a.m., and 5.30 p.m., until further orders; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the https://www.mhc.tn.gov.in/judis CRL OP No. 11675 of 2026 __________ Page5 of 6 conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 03-06-2026 GBI To The Inspector of Police, Team No.8, Central Crime Branch (CCB), Tambaram City Police, Sholinganallur, Tambaram Commissionarate, 2.The Judicial Magistrate, Tambaram. 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 11675 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. GBI CRL OP No. 11675 of 2026 03-06-2026 https://www.mhc.tn.gov.in/judis