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2026 DAILYLAW 51443 (MAD)

M Kumar v. State of Tamilnadu through the Sub Inspector of Police

CRL OP/18364/2026 · 2026-07-14

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18364 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18364 of 2026 1. M Kumar 2. Radha ..Petitioner(s) Vs State of Tamilnadu through the Sub-Inspector of Police, District Crime Branch, Coimbatore. Crime NO.10/26 ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the Petitioners/Accused on Anticipatory bail in the event of their arrest/surrender in Crime No.10/2026 pending on the file of the Sub-Inspector of Police, District Crime Branch, Coimbatore. For Petitioner(s): Mr.S. Siva Ilayaraja For Respondent(s): Mr.N.Palanivel Government Advocate (Crl.Side) ORDER The petitioners, apprehending arrest for the alleged offences under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 420 of the IPC) and Section 82(a) of the Registration Act, in Crime No. 10 of 2026 on the file of the respondent police, seek anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 18364 of 2026 __________ Page2 of 6 2. The prosecution alleges that A1 illegally converted Panjami land into residential plots and sold them to the defacto complainant and others through registered sale deeds, with the prior knowledge and active participation of the petitioners, A2 and A3. The defacto complainant later discovered that the land was legally ineligible for conversion into housing sites when they applied for building plan approval. Consequently, the defacto complainant lodged a complaint, which led to the registration of the present case against the petitioners and their family members. 3.The learned counsel for the petitioners submits that A1 purchased the subject land from the legal heirs of Angammal @ Angal in 2008 and subsequently developed a layout in 2010. The defacto complainant purchased the property in 2010 itself, but has only now filed a complaint alleging that the subject land is Panjami land. Hence, he prayed for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police submits that A1 illegally converted Panjami land into residential plots and sold them to the defacto complainant and others through registered sale deeds, with the prior knowledge and active participation of the petitioners, A2 and A3. The defacto complainant later discovered that the land was legally ineligible for conversion into housing sites when they applied for https://www.mhc.tn.gov.in/judis CRL OP No. 18364 of 2026 __________ Page3 of 6 building plan approval. He further submits that A1 has already been arrested and remanded to judicial custody on 07.07.2026. Hence, he strongly opposes the grant of anticipatory bail to the petitioners. 5. I have given anxious consideration to the submissions made by the learned counsel on either side. 6.From the very narration of the FIR, it is amply clear that the entire purchase transaction took place in 2010. No doubt, it subsequently came to light that the property is Panjami land. Therefore, after this considerable lapse of time, this Court is of the firm view that the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions: 7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.VI, Coimbatore, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each, with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner(s) fails to surrender before the https://www.mhc.tn.gov.in/judis CRL OP No. 18364 of 2026 __________ Page4 of 6 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 petitioners 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(s) in accordance with law as if the conditions have been imposed and the petitioner(s) 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]; (e) If the petitioner(s) thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 14-07-2026 GBI https://www.mhc.tn.gov.in/judis CRL OP No. 18364 of 2026 __________ Page5 of 6 To 1.The Sub Inspector of Police District Crime Branch, Coimbatore. 2.The Judicial Magistrate No.VI, Coimbatore. 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 18364 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. GBI CRL OP No. 18364 of 2026 14-07-2026 https://www.mhc.tn.gov.in/judis