Rathinam v. State Of Tamilnadu Rep By Inspector Of Police
CRL OP(MD)/11684/2026 · 2026-06-25
P Dhanabal
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 45108 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 45108 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP(MD). No. 11684 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 11684 of 2026 1.Rathinam, W/o.K.Palanichamy 2.Palanisamy, S/o.P.Kandasamy 3.Manikandan, S/o.K.Palanichamy ...Petitioners/A2 to A4
Vs State of Tamil Nadu rep. by The Inspector of Police, District Crime Branch, Thoothukudi, Thoothukudi District. (Crime No.8 of 2026)
...Respondent/Complainant
For Petitioners : Mr.S.Muthu Malai Raja,
Advocate.
For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl. Side) For Intervenor : Mr.M.Perumal, Advocate 1/8 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 11684 of 2026 PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER : For Anticipatory Bail in Crime No.8 of 2026 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners/A2 to A4, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 420 and 120B of IPC, in Crime No.8 of 2026 on the file of the respondent police, seek anticipatory bail. 2. The case of the prosecution is that the de-facto complainant entered into a financial and civil transaction with the accused persons for the purchase of land measuring 3 acres and 60.25 cents in Kattalankulam Village. It is alleged that, commencing from 23.11.2023, the accused persons received an initial advance of Rs.10,00,000/-, followed by successive payments aggregating to Rs.49,84,500/- towards the sale agreements and registration expenses. Despite receiving the said amounts, the accused persons failed to execute the absolute sale deeds, repeatedly postponed the dates fixed for execution of the documents, and the accused persons allegedly threatened the de-facto complainant with 2/8 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 11684 of 2026 dire consequences, when called upon to refund the amounts received. Hence, the present case. 3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and have been falsely implicated in the present case. The petitioners have not committed any offence as alleged by the prosecution. Therefore, he prays for the grant of anticipatory bail to the petitioners. 4. The learned counsel for the intervenor would submit that the petitioners, along with other accused, had cheated the de-facto complainant to the tune of Rs.49,84,500/- (Rupees Forty Nine Lakhs Eight Four Thousand and Five Hundred only) by failing to execute the sale deed as promised. He would further submit that the 8th accused in the present case had already moved an anticipatory bail before the lower court, which came to be dismissed. He would also submit that, if the petitioners are released on anticipatory bail, they would pose a threat to the life of the de-facto complainant. Hence, he strongly opposes the grant of anticipatory bail to the petitioners. 3/8 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 11684 of 2026
5. The learned counsel for State of TN (Criminal Side), appearing for the respondent police, would submit that there are totally eight accused persons in this case and the petitioners have been arrayed as A2 to A4. He would further submit that no previous cases have been registered against the petitioners. However, he opposes the grant of anticipatory bail to the petitioners. 6.
Heard both sides and perused the materials available on record. 7. Considering the rival submissions made on either side, the nature of the offences alleged against the petitioners, the fact that the alleged offences are said to have taken place on 23.11.2023, whereas the FIR was registered only on 29.05.2026, the fact that, on perusal of the FIR, it is seen that the dispute relates to the sale of property pursuant to an agreement, that the subject land belongs only to the first accused and that the petitioners are not parties to the said agreement, and also the fact that no previous cases have been registered against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions: 4/8 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 11684 of 2026 [a] Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the
order copy made ready, before the learned Judicial Magistrate No.IV, Thoothukudi, Thoothukudi District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: [b] the petitioners shall report before the respondent police on every Saturday at 06.00 p.m. for a period of four weeks; [c] the petitioners shall not commit any offences of similar nature; [d] the petitioners shall not abscond either during investigation or trial; [e] the petitioners shall not tamper with evidence or witness either during investigation or trial; 5/8 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 11684 of 2026 [f] on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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)
25.06.2026 (2/2) mkn 6/8 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 11684 of 2026 To 1.The Judicial Magistrate Court No.IV, Thoothukudi, Thoothukudi District. 2.The Inspector of Police, District Crime Branch, Thoothukudi, Thoothukudi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 7/8 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 11684 of 2026 P. DHANABAL, J. mkn
ORDER IN CRL OP(MD) No. 11684 of 2026 Dated : 25.06.2026 (2/2) 8/8 https://www.mhc.tn.gov.in/judis