CRL OP/9395/2026 of Krishnamoorthy Vs The State rep.by,

Crl.O.P.No.9395 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.9395 of 2026 Krishnamoorthy ... Petitioner Vs. The State represented by, The Inspector of Police, District Crime Branch, Ariyalur. (Crime No.02 of 2026). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail, in c onnection with Crime No.02 of 2026, pending investigation on the file of the respondent police. For Petitioner : Mr.Annagandhi Ramasamy For Respondent : Mr.S.Vinoth Kumar Government Advocate (Criminal Side) For Intervenor : Mr.I.Periyasamy O R D E R The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 318(4), 351(2) of BNS Act, 2026 in Crime No.02 of 2026, seek anticipatory bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9395 of 2026 2. The case of the prosecution is that the petitioner having been rece ived a sum of Rs.30 lakhs to sell his property, had neither sold his propert y nor returned the money. Hence, the case. 3. The learned counsel appearing for the petitioners would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submit that without prejudice to the rights and contention, the petitioner is ready and willing to deposit a sum of Rs.30 lakhs to the credit of C rime No. 02 of 2026. Hence, he prays to grant anticipatory 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. 5. The learned counsel appearing for the intervenor submit that the petitioner on receipt of a sum of Rs.30 lakhs, had developed the said pro perty by renovating his property. Hence, he vehemently opposed for grant of anti cipatory bail to the petitioner. 6. 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 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9395 of 2026 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Jayankondan , 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 polic e officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, 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 petitioner shall deposit a sum of Rs.30 lakhs to the credit of Crime No.02 of 2026 before the learned Judicial Magistrate, Jayankondan within a period of four weeks from the date of receipt of copy of the order. [c] 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. 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9395 of 2026 [d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners shall not abscond either during investigation or trial. [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 be en imposed and the petitioners 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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC. 30.04.2026 Sma 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9395 of 2026 To 1. Judicial Magistrate No.I, Jayankondan 2. The Inspector of Police, District Crime Branch, Ariyalur. 3. . The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9395 of 2026 G.K.ILANTHIRAIYAN .,J. Sma Crl.O.P.No.9395 of 2026 30.04.2026 6/6 https://www.mhc.tn.gov.in/judis