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2026 DAILYLAW 44514 (MAD)

R.Nethaji v. The State of Tamil Nadu, rep.by

CRL OP/15287/2026 · 2026-06-30

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 15287 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 15287 of 2026 R.Nethaji S/o.Rajendran, No.11A, 18th Street, Sakthi Nagar, Nerkundram, Ambattur, Chennai-600 107. ..Petitioner(s) Vs The State of Tamil Nadu, rep.by The Inspector of Police, Central Crime Branch, Team-8, Office of the Tambaram Commissionerate, Chennai-600 119. Cr.No.117/2026. ..Respondent(s) Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the petitioner/accused -3 on bail in the event of arrest by the respondent in Cr.No.117/2026 and pass such further or other orders as this Hon’ble Court. For Petitioner(s): M/S. S Sathish Kumar For Respondent(s): For Intervenor : Mr.N.Palanivel, Govt.Advocate (Crl.Side) Mr.Infant Dinesh For Intervenor ******* https://www.mhc.tn.gov.in/judis CRL OP No. 15287 of 2026 __________ Page2 of 6 ORDER The petitioner apprehends arrest for the alleged offence under Sections 406, 420 and 120(B) of IPC in Crime No.117 of 2026 on the file of the respondent police seeks anticipatory bail. 2. The learned counsel for the petitioner submitted that there are about 3 accused and this petitioner is A3. He would further submit that A1 has already enlarged on bail. Therefore, he seeks anticipatory bail on parity. 3.The said contention was stoutly objected by the learned counsel for the intervenor contending that the petitioner has not shared the profit with the de facto complainant and the amount which the intervenor invested in the Real Estate business. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case as well as the submission of the learned counsel for the intervenor. Hence, he opposed to grant anticipatory bail to the petitioner. https://www.mhc.tn.gov.in/judis CRL OP No. 15287 of 2026 __________ Page3 of 6 5. While looking into the facts of the case, it appears to be the business relationship in a Real Estate Business. 6.At this juncture, the learned counsel for the petitioner would invite the attention of this Court about the order made in Crl.O.P.No.13779 of 2026 dated 05.06.2026, wherein this Court, after considering elaborately, in paragraph 6 has observed as follows:- “6. Though there is a previous case pending against the petitioner, the same is of the year 2011, nearly 14 years ago. While coming to the factual position, from the submissions made, the entire transaction relates to the sale of land. If at all there is any share to be given to the de facto complainant, the same has to be claimed only by initiating appropriate civil proceedings. Therefore, this Court is of the firm view that, in such a factual scenario, custodial interrogation of the petitioner is not at all required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.” 7.This petitioner also stands in the same footing as that of the co-accused, who was already released on bail. Hence, by giving parity, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. https://www.mhc.tn.gov.in/judis CRL OP No. 15287 of 2026 __________ Page4 of 6 8. Accordingly, the petitioner is ordered to be released on 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 is made ready, before the learned Judicial Magistrate-I, Kancheepuram, 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 learned 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 report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (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 conditions have been imposed and the petitioner released on https://www.mhc.tn.gov.in/judis CRL OP No. 15287 of 2026 __________ Page5 of 6 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. 9.This Criminal Original Petition is ordered accordingly. 30-06-2026 (2/2) KMI To 1.The Judicial Magistrate No.I, Kancheepuram. 2.The Inspector of Police, Central Crime Branch, Team-8, Office of the Tambaram Commissionerate, Chennai-600 119. 3.The Public Prosecutor Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 15287 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. KMI CRL OP No. 15287 of 2026 30-06-2026 https://www.mhc.tn.gov.in/judis