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2026 DAILYLAW 95560 (MAD)

Venkatachalam v. State Of Tamilnadu Rep. by The Sub Inspector of Police

CRL OP(MD)/19161/2025 · 2026-01-19

S Srimathy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.19161 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.19161 of 2025 and Crl.MP(MD)Nos.17042 & 16396 of 2025 1. Venkatachalam 2. Akilandeswari ... Petitioners/Accused Vs State of Tamilnadu Rep. by, The Sub Inspector of Police, Kattuputhur Police Station, Thottiyam Taluk, Trichy District. Crime No. 569 of 2025. .. Respondents/Complainants For Petitioner : S.Muthukrishnan, Advocate. For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) For Intervenor/ defacto complainant/Raja: Mr.K.Ragatheeshkumar for M/s Issac Chambers For Intervenor/ Palanimalai :Mr.K.Arunraj PRAYER :- C-24AB. For Anticipatory Bail in Crime No. 569 of 2025 on the file of the respondent Police. 1/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19161 of 2025 ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 316, 318(4) & 351(2) BNS, (Section 406, 420 & 506(2) IPC), in Crime No.569 of 2025 on the file of the respondent police, seek anticipatory bail. 2. The allegation against the petitioners is that de-facto complainant Raja was entered into oral agreement with the 1st petitioner on 15-01-2025 for plucking the coconuts on the land owned by the 2nd petitioner for 1000 coconuts trees in 12 acres of land for Rs.1l,40,000/-from 01-04-2025 to 31-03-2026. The 1st petitioner received Rs.25,000/- as advance for the contract amount and balance of Rs.11,15,000/- by way of cash and through bank account. The de facto complainant was restrained from plucking the coconuts oh 17-09-2025 and threatened the de-facto complainant. Hence, the complaint. 3. The learned counsel for the petitioners 2/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19161 of 2025 submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners. 4. The learned Government Advocate (Criminal Side) opposed for grant of anticipatory bail to the petitioners. 5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. Accordingly, the petitioners are directed to pay a sum of Rs.5,00,000/- (Rupees Five lakhs only) to the defacto complainant on or before 15.02.2026. On such deposit being made, the defacto complainant is permitted to withdraw the same. On such condition anticipatory bail is granted to the petitioners. 3/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19161 of 2025 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thottiyam, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that: [a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] the petitioners are directed to deposit a sum of Rs.2,00,000/-(Rupees Two lakhs only) to the credit of the Crime No.569 of 2025 before the Judicial Magistrate Court, Thottyam. On such deposit being made the learned Magistrate 4/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19161 of 2025 shall accept the sureties furnished by the petitioners. After receipt of the amount, the learned Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment; [c] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders; [d]the petitioners shall not tamper with the evidence or witness either during investigation or trial; [e]the petitioners shall not abscond either during investigation or trial; 5/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19161 of 2025 [f]On breach of any of the aforesaid conditions, the learned 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 are 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 of BNS. 7. Post the matter on 19.02.2026 for 'reporting compliance'. The intervening petitions ie., Crl.MP(MD)Nos.17042 & 16396 of 2025 are closed. 19.01.2026 PJL 6/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19161 of 2025 TO 1. Judicial Magistrate, Thottiyam. 2.The Sub Inspector of Police, Kattuputhur Police Station, Thottiyam Taluk, Trichy 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.19161 of 2025 S.SRIMATHY,J PJL ORDER IN CRL OP(MD) No.19161 of 2025 Date : 19/01/2026 8/8 https://www.mhc.tn.gov.in/judis