Udhaya Suriyan @ Muthuramalingam v. The State Rep by the Inspector of Police

ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 316(2), 318(4) of BNS 2023 in Crime No.243 of 2026 on the file of the respondent police seeks anticipatory bail. Page2 of 6

¶2The case of the prosecution is that the petitioner, along with other accused, cheated the defacto complainant by receiving a sum of Rs. 92,60,000/- and executing a sale deed in his favour, but subsequently cheated him by not handing over possession of the purchased property. Hence, the complaint

¶3The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated, and has not committed any offence as alleged by the prosecution. He further submits that the petitioner is only a land broker who facilitated the transactions between the vendor and the purchaser. Therefore, he prays for grant of anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally four accused in this case and the petitioner is ranked as A4. He further submitted that the petitioner is a land broker and has no previous cases pending against him. However, he opposed to grant anticipatory bail to the petitioner.

¶5I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available. Page3 of 6

¶6From the submissions made by the Government Advocate (Crl.Side), it is seen that the matter arises out of a purely civil dispute regarding the non-delivery of possession of the property. The petitioner is only a land broker who facilitated the transactions between the vendor and the purchaser. Considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain condition;

¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned IX Metropolitan Magistrate, Saidapet, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned 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; Page4 of 6

N.RAMESH, J. mpa

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (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 petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of one week 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 13-08-2026 MPA Page5 of 6 To

1.The IX Metropolitan Magistrate, Saidapet.

2.The Inspector of Police J3 Guindy Police Station, Chennai. Crime No.243 of 2026.

3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o21044oofo2026 N.RAMESH,oJ. MPA CRLoOPoNo.o21044oofo2026 13-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH Udhaya Suriyan @ Muthuramalingam NO.7, bharathiyar street,Ekkattuthangal, Guindy,Chennai- 32. ..Petitioner(s) Vs The State Rep by The Inspector of Police J3 Guindy Police Station, Chennai. Crime No.243 of 2026. ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.243 of 2026 on the file of the Respondent. For Petitioner(s): Nirmal Krishnan For Respondent(s): Mr..R.Rajasekaran, Govt.Advocate (Crl.Side)