- Court
- High Court of Madras
- Decided
- 17 July 2026
- Bench
- G.K. Ilanthiraiyan
- Case no.
- CRL OP 18399/2026
Judgment
ORDER The petitioner apprehends arrest for the alleged offence under Sections 191(2), 296(b), 318(2) of BNS, @ 191(2), 296(b), 316, 351(3) and 318(4) of Page2 of 6 BNS, in Crime No.40 of 2026 on the file of the respondent police seeks anticipatory bail.
¶2The allegation against the petitioners is that they were subsequently added as Accused No.6 and 7 through an alteration report and are subsequent purchasers of the subject property, which was allegedly sold to defeat the rights of the defacto complainant after Accused Nos.1 and 2 received the sale consideration and failed to execute the sale deed or refund the amount. Hence, the complaint.
¶3The learned counsel for the petitioners submitted that the petitioners are innocence and they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He further submitted that they are ready to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioners.
¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioners were subsequently arrayed as Accused Nos.6 and 7 through an alteration report and are subsequent purchasers of the subject property. He further submitted that the property was purchased despite the earlier agreement in favour of the defacto complainant and, therefore, the petitioners are involved Page3 of 6 in the commission of the offence. Hence, she opposed to grant anticipatory bail to the petitioners.
¶5I have given anxious consideration to the submissions made by the learned counsel on either side.
¶6Considering the facts and circumstances of the case, this Court is of the view that the petitioners have been implicated only as subsequent purchasers of the property and that their custodial interrogation is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.
¶7Accordingly, 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.II, Ulundurpet, Kallakurichi District on condition that the petitioner shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five 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) If the petitioners fails to surrender before the concerned Page4 of 6 learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) The sureties shall affix their photographs and left thumb impression in the application for surety slip (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
(c) The first petitioner shall report before the respondent Police as and when required for interrogation and the second petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;
(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 17-07-2026 DRL Page5 of 6 To
1.The District Judicial Magistrate No.II, Ulundurpet, Kallakurichi District.
2.The Inspector of Police, Kalamaruthur Police Station, Kallakurichi District.
3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o18399oofo2026 G.K.ILANTHIRAIYAN,oJ. DRL CRLoOPoNo.o18399oofo2026 17-07-2026 Page6oofo6
Case details
Parties and counsel
Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN 1. Manonmani Wife of Egambaram, Residing at No.2/66, East Street, Arunkurikai, Mohalar, Villupuram – 605803. 2. Saravanan Son of Egambaram, Residing at No.2/66, East Street, Arunkurikai, Mohalar, Villupuram - 605803. ..Petitioner(s) Vs The State represented by, The Inspector of Police, Kalamaruthur Police Station, Kallakurichi District. Crime No.40 of 2026 ..Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners on Bail in the event of their arrest in Crime No.40 of 2026, pending investigation on the file of the respondent and thereby render justice. For Petitioner(s): Mr.P.Kannan For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)
Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.