/9951/2026 of Fr S Daniel Vs The State Rep By, The Inspector of Police
Crl.O.P.No.9951 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.9951 of 2026
S.Daniel ... Petitioner
Vs.
The State represented by,
The Inspector of Police,
T6, Peerkankaranai Police Station,
Chennai – 600 063
(Crime No.131 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.131 of 2026, pending investigation on the file of the respondent
police.
For Petitioner : Mr.Maria Joseph David
For Respondent : Mr.P.Dhilpeean
Government Advocate (Criminal Side)
For Intervenor : Mr.P.R.Narayanan
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Crl.O.P.No.9951 of 2026
O R D E R
The petitioner who apprehend arrest at the hands of the respondent police
for the offences punishable under Sections 316(2) and 318(4) of BNS in Crime
No.131 of 2026, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant is a former
Archbishop of Madras and he is conducting a Trust for Integral Developme nt and
Educational Services and for the said trust, land was to be purchase d and the
petitioner being a Church priest was entrusted with the purchase of land for the
trust and he received totaling a sum of Rs.20,00,000/- for purchase of land,
however, after receiving the amount, petitioner neither purchased the land nor
returned the money.. Hence, the case
3. The learned counsel appearing for the petitioner would submit that t he
petitioner is an innocent and he has been falsely implicated in this case. He further
submitted that the petitioner is ready to abide by any stringent conditions that may
be imposed by this Court. Hence, he prays to grant anticipatory bail to the
petitioner.
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Crl.O.P.No.9951 of 2026
4. The learned Government Advocate (Crl. Side) reiterated the pr osecution
case and opposed to grant anticipatory bail to the petitioner.
5. The learned counsel appearing for the defacto complainant submitted
that the petitioner had caused a loss of Rs.20,00,000/- to the defacto complainant’s
trust. Hence, he opposed for grant of anticipatory 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 petitioner with certain
conditions.
7. Accordingly, the petitioner is ordered to be released on bail i n 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.1,
Tambaram, on condition that the petitioner 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:
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Crl.O.P.No.9951 of 2026
[a] the petitioner 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 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.
[c] the petitioner shall not tamper with evidence or witness
either during investigation or trial.
[d] the petitioner 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
To
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Crl.O.P.No.9951 of 2026
1. Judicial Magistrate No.1, Tambaram
2. The Inspector of Police,
T6, Peerkankaranai Police Station,
Chennai – 600 063
3. . The Public Prosecutor,
High Court of Madras.
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Crl.O.P.No.9951 of 2026
G.K.ILANTHIRAIYAN .,J.
Sma
Crl.O.P.No.9951 of 2026
30.04.2026
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