CRL OP/9909/2026 of Thirunavukarasu Vs The Inspector of Police,
Crl.O.P.No.9909 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2026
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.9909 of 2026
1.Thirunavukarasu
2. Senthilkumar ... Petitioners
Vs.
The State represented by,
The Inspector of Police,
Sooramangalam Police Station,
Salem City.
(Crime No.113 of 2026). ... Respondent
PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail, in connection
with Crime No.113 of 2026, pending investigation on the file of the res pondent
police.
For Petitioners : Mr.U.Gowrishankar
For Respondent : Mr.P.Dhilpeean
Government Advocate (Criminal Side)
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Crl.O.P.No.9909 of 2026
O R D E R
The petitioners who apprehend arrest at the hands of the respondent police
for the offences punishable under Sections 420 of IPC, 1860 in Crime No.113 of
2026, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant was deceived
by the petitioners on the promise to sell certain land, however, the petitioners did
not have title over the said property and thereby cheated the defac to complainant
to the tune of Rs.5 lakhs. Hence, the case
3. The learned counsel appearing for the petitioners would submit that the
petitioners are innocents and they have been falsely implicated i n this case. He
further submitted that the petitioners are ready to abide by any stringent conditions
that may be imposed by this Court. Hence, he prays to grant antici patory bail to
the petitioners.
4. The learned Government Advocate (Crl. Side) reiterated the pr osecution
case and opposed to grant anticipatory bail to the petitioners.
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Crl.O.P.No.9909 of 2026
5. Considering the above facts and circumstances that the dispute is c ivil in
nature, this Court is inclined to grant anticipatory bail to the petitioners with
certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the
event of arrest or on their appearance, within a period of fifteen days from the date
on which the order copy made ready, before the learned Judicial Magistrate
No.2, Salem, on condition that the petitioners shall execute a separate 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 respondent police or the police officer who intends
to arrest or to the satisfaction of the learned Magistrate concer ned, failing which,
the petition for anticipatory bail shall stand dismissed and on further condition
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 Aadhar card or Bank pass
Book to ensure their identity.
[b] the petitioners shall report before the respondent police
daily at 10.30 a.m. for a period of two weeks and thereafter as and
when required for interrogation.
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Crl.O.P.No.9909 of 2026
[c] the petitioners shall not tamper with evidence or witness
either during investigation or trial.
[d] the petitioners shall not abscond either during
investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned
Magistrate/Trial Court is entitled to take appropriate action against
the petitionerss in accordance with law as if the conditions have be en
imposed and the petitionerss released on bail by the learned
Magistrate/Trial Court himself as laid down by the Hon'ble Suprem e
Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[f] If the accused thereafter abscond, a fresh FIR can be
registered under Section 229A IPC.
30.04.2026
Sma
To
1. Judicial Magistrate No.2, Salem
2. The Inspector of Police,
Sooramangalam Police Station,
Salem City.
3. . The Public Prosecutor,
High Court of Madras.
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Crl.O.P.No.9909 of 2026
G.K.ILANTHIRAIYAN .,J.
Sma
Crl.O.P.No.9909 of 2026
30.04.2026
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