CRL OP/10015/2026 of Kumar Vs State rep.by,
Crl.O.P.No.10015 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.10015 of 2026
Kumar ... Petitioner
Vs.
The State represented by,
The Inspector of Police,
E-1, Ponneri Police Station,
Thiruvallur District.
(Crime No.355 of 2025). ... 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.355 of 2025, pending investigation on the file of the respondent
police.
For Petitioner : M/s.V .Sangeetha
For Respondent : Mr.P.Dhilpeean
Government Advocate (Criminal Side)
For Intervenor : Mr.M.Velmurugan
for Mr.K.S.Karthikeyan
O R D E R
The petitioners who apprehend arrest at the hands of the respondent police
for the offences punishable under Sections 406, 420, 506(i) of IPC in Crime
No.355 of 2025 , seek anticipatory bail.
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2. The case of the prosecution is that the petitioner along with othe r
accused collected a sum of Rs.13.8 lakhs from the defacto complainant for getting
patta for the lands belong to him and thereby cheated him.
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 submitted that there is no record to show that the allege d money paid by
the defacto complainant in favour of the accused. 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 reiterated the
prosecution case and submitted that the petitioner along with other accused
collected the money to the tune of Rs.13.8 lakhs from the defacto compl ainant on
the promise that they would get patta from the Tahsildar and thereaf ter avoided
contact with the defacto complainant. Hence, he vehemently opposed for grant of
anticipatory bail to the petitioner.
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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
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,
Ponneri, 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 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 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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[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 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].
[f] If the accused thereafter abscond, a fresh FIR can be
registered under Section 229A IPC.
30.04.2026
Sma
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Crl.O.P.No.10015 of 2026
To
1. Judicial Magistrate, Ponneri
2. The Inspector of Police,
E-1, Ponneri Police Station,
Thiruvallur District.
3. . The Public Prosecutor,
High Court of Madras.
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Crl.O.P.No.10015 of 2026
G.K.ILANTHIRAIYAN .,J.
Sma
Crl.O.P.No.10015 of 2026
30.04.2026
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