Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 5100 (BOM)

V. MURUGANANTHAM v. STATE OF MAHARASHTRA

ABA/2407/2026 · 2026-08-29

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

904-ABA-2407-2026.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2407 OF 2026 V. Muruganantham …Applicant Versus The State of Maharashtra …Respondent Adv. Lokesh Zade i/b Adv. Asif Shaikh, for the Applicant. Mr. Ashok S. Gawai, A.P. P., for the Respondent – State. PI Vijay Garud (I.O.), Amboli Police Station, Mumbai, is present. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 29TH AUGUST 2026 P. C:- 1. Heard learned counsel for applicant as well as learned APP for respondent-State. 2. The applicant has filed instant application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail in connection with Crime No. 1258 of 2025 dated 31.12.2025, registered with Amboli Police Station, Brihanmumbai, for the offence punishable under Sections 409 and 420 of the Indian Penal Code, 1860. 3. Learned counsel for applicant points out that the allegations in the FIR clearly show that they are with respect to 29th August 2026 904-ABA-2407-2026.ODT the commercial transactions in between complainant and the applicant. The offence came to be registered only on the allegations that despite payment of an amount of Rs. 1,69,87,850/-, certain agricultural products are not supplied by the applicant. Learned counsel for applicant submits that in fact the complainant had already filed civil suit bearing Commercial Suit (Stamp) No. 5745 of 2026 before City Civil & Sessions Court, Greater Bombay at Dindoshi, Mumbai. Apart from this, he submits that the applicant has been protected by way of an order dated 24th June 2026 passed by the High Court of Madras granting transit anticipatory bail in connection with this offence. 4. Learned APP for the respondent has opposed the application and submitted that there are allegations about payment of huge amount by the complainant to the applicant against which goods are not supplied. He however does not dispute the fact that a civil suit is already filed by the complainant against this applicant with respect to the same transactions. 29th August 2026 904-ABA-2407-2026.ODT 5. The main allegations in the FIR are that despite payment of amount by the complainant the applicant has failed to supply the agricultural products. There is nothing on record to show at this stage that the applicant has carried an intention to deceive since beginning. Considering the nature of allegations and the FIR, it appears that the offence is based on purely commercial and civil transactions in between the parties, which fact also becomes clear from pending civil suits filed by the complainant. 6. In view of this the presence of this applicant can be secured by directing him to attend the police station and at this stage, the personal liberty of this applicant needs to be protected, subject to certain conditions. 7. Hence, I pass following order :- ORDER (i) The Anticipatory Bail Application is allowed. (ii) In the event of arrest of the applicant in Crime No. 1258 of 2025, registered with Amboli Police Station, Brihanmumbai, for the offence punishable under Sections 409 and 420 of the Indian Penal Code, 1860, he be released on bail on furnishing P. R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with 29th August 2026 904-ABA-2407-2026.ODT one solvent surety of the like amount. (iii) The applicant is directed to extend co- operation and attend the Police Station on every Monday for a period of three weeks in between 10:00 a.m. to 2:00 p.m. and thereafter as and when called upon by the investigating agency. (iv) The applicant shall not influence any prosecution witnesses in any manner. (v) Breach of any of these conditions, shall be a ground for cancellation of the bail. 8. In above terms, the Anticipatory Bail Application is allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) VDMokal/- 29th August 2026