CRL OP(MD). No.12350 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.12350 of 2026 Muthuraj ... Petitioner/A3 Vs The State of Tamil Nadu, Rep. by Its, the Inspector of Police, District Crime Branch(DCB), Virudhunagar District. Crime No.7 of 2026. ... Respondent/Complainant For Petitioner : Mr.M. Ramasamy, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) For Intervenor : Mr.A.Joseph Jerry PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.7 of 2026 on the file of the Respondent Police. 1/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12350 of 2026 ORDER : The Court made the following order :- The petitioner apprehends arrest for the alleged offence under Sections 120B, 420, 465, 468 and 471 of IPC, in Crime No.7 of 2026, on the file of the respondent police seeks anticipatory bail. 2.The allegation against the petitioner is that he is arrayed as A3 in this case. It is alleged that A1 is the husband of the defacto complainant and they were separated as early as in the year 2026. A1, by colluding with the other accused, including this petitioner, fabricated various documents based on the company resolution and created a power of attorney, as if it was executed in favour of A4. On the strength of the said power of attorney, A4 sold the property in favour of the petitioner/A3 and A5. 3.The learned counsel for the petitioner submitted that the petitioner herein, based on the power of attorney executed in favour of A4 by the Company run by the defacto complainant's family members, purchased the property and that it is not a case of fabrication or cheating 2/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12350 of 2026 of the defacto complainant. Since the property is alleged to have belonged to a private company, namely, Dream Key Builders Privated Limited, the petitioner came forward to purchase the same and defacto complainant has no manner of right to dispute the sale executed by A4. He further submitted that A1 and A5 were already released on anticipatory bail by this Court and the petitioner is ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner. 4.The learned counsel for the intervenor submitted that, in this case, A1 is an Advocate and the husband of the defacto complainant, and that couple were separated in the year 2020. A1, claiming to be managing the private company of the family, fabricated a resolution for executing a power of attorney in favour of A4. Based on the same, A1 to A5, by colluding with each other, conspired and grabbed the property valued at more than Rs.2,00,00,000/-. Hence, if the petitioner is granted anticipatory bail, there is a possibility of tampering with the prosecution witnesses and hampering the investigation. Hence, he opposed the grant of anticipatory bail to the petitioner. 3/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12350 of 2026 5.The learned Counsel for the State of Tamil Nadu (Crl. Side) submitted that there are totally five accused in this case and A1 and A5 have already been granted anticipatory bail by this Court and the investigation in this case is pending. Hence, he opposed the grant of anticipatory bail to the petitioner. 6.I have gone through the First Information Report and the connected materials, which reveal that there was fabrication of records and that, based on the same, the property was also swindled. However, admittedly, the allegation against the petitioner is that the sale deed was executed in his favour by A4. Though it is stated that there was a conspiracy and collusion among A1 to A5, considering the fact that the co-accused have already been released on anticipatory bail and also the fact that the alleged transactions are borne out by the records, custodial interrogation for investigating a case of this nature is not necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 4/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12350 of 2026 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 Court No.II, Virudhunagar, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition: (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 report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (d) The petitioner shall submit his sample 5/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12350 of 2026 signature and thumb impression, if any, required for the purpose of investigation; (e) 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 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]; (f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. (K R S J) 09.07.2026 sji TO 1.The Judicial Magistrate Court No.II, Virudhunagar. 2.The Inspector of Police, District Crime Branch(DCB), Virudhunagar District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12350 of 2026 7/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12350 of 2026 K. RAJASEKAR, J. sji ORDER IN CRL OP(MD) No.12350 of 2026 Date : 09/07/2026 8/8 https://www.mhc.tn.gov.in/judis