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2026 DAILYLAW 47948 (MAD)

Balaguru v. Sivapandi

CRL MP(MD)/5855/2026 · 2026-07-07

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL MP(MD) NO. 5855 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07-07-2026 CORAM THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL MP(MD) NO. 5855 of 2026 in CRL OP(MD)No.5944 of 2025 Balaguru Petitioner(s) Vs 1.Sivapandi 2.Mahalakshmi 3.Sivaranjani 4.The State of Tamil Nadu, Rep. by the Inspector of Police, Thirupparankundram Police Station, Madurai District. Crime No.133/2025. Respondent(s) For Petitioner(s): Mr.A.Saravanan For Respondent(s): Mr.J.Vishnu Government Advocate (Crl. Side) for R-4 No appearance for R-1 to R-3 Prayer: To cancel the anticipatory bail granted to the respondents 1 to 3 /accused Nos.1 to 3 in Crl.O.P(MD)No.5944 of 2025, dated 21.11.2025. https://www.mhc.tn.gov.in/judis ORDER This Criminal Miscellaneous Petition has been filed for cancellation of anticipatory bail granted to the bail petitioners in Crl.O.P.(MD).No.5944 of 2025, by order dated 21.11.2025, on the ground of violation of conditions imposed by this Court. 2. The condition, which is alleged to have been violated by the respondents 1 to 3, reads as follows: “4. Accepting the affidavit, the petitioners are directed to pay the balance amount in instalments. The defacto complainant shall vacate the premises after receiving the final instalment. If there is any default, the defacto complainant is permitted to approach this Court. Incase, if the petitioners identified prospective buyer, the lessee shall vacate the premises after the entire lease amount was settled to him. With these directions, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.” 3. The learned counsel for the petitioner submitted that the respondents 1 to 3 have filed an undertaking affidavit, wherein, they agreed to return the balance amount of Rs.6,20,000/- to the defacto complainant by six installments, i.e., Rs.1,00,000/- every month from January to June 2026. He would further submit that so far, they have not paid any amount and hence, there is clear violation of the bail condition and prays to cancel the anticipatory bail. https://www.mhc.tn.gov.in/judis 4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police. 5. This Court had ordered notice to the respondents 1 to 3 and though notice has been served and their names are printed in the cause list, they have not entered appearance. 6. On careful perusal of the order passed in Crl.O.P.(MD).No.5944 of 2025 dated 21.11.2025, it reveals that based on the undertaking affidavit given by the respondents 1 to 3, this Court has granted anticipatory bail. However, the same has not been complied with and non-compliance of the undertaking given before this Court is a valid ground for cancelling the bail. In this case, the respondents 1 to 3 have undertaken to pay a sum of Rs.6,20,000/- and since the same has not been complied with, this Court is inclined to cancel the anticipatory bail granted to the respondents 1 to 3/bail petitioners in Crl.O.P. (MD)No.5944 of 2025, by order dated 21.11.2025. 7. Accordingly, this Criminal Miscellaneous Petition is allowed. The sureties executed by the respondents 1 to 3 shall be cancelled by the concerned Trial Court. 07-07-2026 Lm https://www.mhc.tn.gov.in/judis To 1.The Judicial Magistrate No.VI, Madurai District. 2.The Inspector of Police, Thirupparankundram Police Station, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court. https://www.mhc.tn.gov.in/judis K.RAJASEKAR, J. Lm Crl.M.P.(MD).No.5855 of 2026 in Crl.O.P.(MD).No.5944 of 2025 07.07.2026 https://www.mhc.tn.gov.in/judis