S Ilaiyaraja Vs Home, Prohibition and Excise Department

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 406, 420, 294(b), 506(1) IPC in Crime No. 71 of 2026 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner approached the

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defacto complainant with a proposal to construct a house on the plot owned by the complainant and to arrange home loan for the construction. During construction, the petitioner received a sum of Rs.8,60,000/-; however, did not complete the construction. In the meantime, in order to get job for the defacto complainant’s son and her sister’s son, the petitioner collected a sum of Rs.5,00,000/-. However, he neither arranged job nor returned the money given for construction and job. Hence, the case.

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The learned counsel for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No. 12164 of 2026

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offence as alleged by the prosecution. Hence, he prayed to grant Anticipatory Bail to the petitioner.

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The learned Counsel for State of TN (Crl.Side) would submit that based on the complaint given by the defacto complainant, a case has been registered for the offences punishable under Sections 406, 420, 294(b), 506(1) IPC in Crime No. 71 of 2026. He would further submit that the petitioner has no previous case. He would further submit that the investigation is pending and the offences are grave in nature and hence, he opposed to grant anticipatory bail to the petitioner.

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Heard both sides and perused the materials available on record.

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Considering the rival submissions made on either side and the nature of offences charged against the petitioner, and considering the facts that there is a dispute between the parties in respect of construction of house and alleged occurrence took place in the year 2022; however FIR has been lodged only on 29.05.2026 and the petitioner has no previous case, I am inclined to grant anticipatory bail to the petitioner,

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No. 12164 of 2026

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subject to the following conditions:

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[a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.V, Madurai, on condition that the petitioner shall execute a 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 learned Judicial Magistrate concerned and on further conditions that:

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[b] the petitioner shall report before the respondent police, on every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation.

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[c] the petitioner shall not commit any offences of similar nature.

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[d] the petitioner shall not abscond either during investigation or trial.

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No. 12164 of 2026

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[e] the petitioner shall not tamper with evidence or

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witness either during investigation or trial.

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[f] On breach of any of the aforesaid conditions, the

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learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

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(P D B J) 24.06.2026

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apd To

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