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Bombay High Court

V. MURUGANANTHAMversusSTATE OF MAHARASHTRA

Decided
Disposal
ANTICIPATORY BAIL GRANTED

Holding

Anticipatory bail is granted, subject to conditions, as the allegations are commercial in nature and no intention to deceive is established at this stage.

Summary

The applicant, V. Muruganantham, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre‑arrest bail in a case (Crime No. 1258 of 2025) registered for alleged cheating and criminal breach of trust under IPC Sections 420 and 409. The FIR alleged that the applicant failed to supply agricultural produce despite receiving a payment of Rs 1,69,87,850, a dispute that is also the subject of a pending civil suit (Commercial Suit No. 5745 of 2026). The respondent State opposed the bail, but the court noted that the allegations appear to be purely commercial and there was no evidence of an intention to deceive at the pleading stage. The court also considered that the applicant had already obtained a transit anticipatory bail order from the Madras High Court. Accordingly, the court granted anticipatory bail subject to a personal bond of Rs 25,000, weekly police‑station attendance, and a prohibition on influencing witnesses, with breach of conditions leading to cancellation.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita when the alleged offence arises from a commercial dispute already pending before a civil court.
  • Whether the existence of a prior transit anticipatory bail order from the Madras High Court affects the grant of bail in the present case.
  • Whether the applicant’s alleged failure to supply goods constitutes an intention to deceive sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • commercial dispute
  • civil suit
  • Section 482
  • IPC 409
  • IPC 420
  • witness tampering
  • bail conditions

Judgment

                                                        904-ABA-2407-2026.ODT




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO. 2407 OF 2026
V. Muruganantham                                            …Applicant
      Versus
The State of Maharashtra                                    …Respondent


Adv. Lokesh Zade i/b Adv. Asif Shaikh, for the Applicant.
Mr. Ashok S. Gawai, A.P. P., for the Respondent – State.
PI Vijay Garud (I.O.), Amboli Police Station, Mumbai, is present.


                      CORAM :             PRAFULLA S. KHUBALKAR, J.
                      DATE            :   29TH AUGUST 2026
P. C:-

1.       Heard learned counsel for applicant as well as learned

APP for respondent-State.


2.       The applicant has filed instant application under Section

482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking

pre-arrest bail in connection with Crime No. 1258 of 2025 dated

31.12.2025,       registered          with     Amboli     Police    Station,

Brihanmumbai, for the offence punishable under Sections 409

and 420 of the Indian Penal Code, 1860.


3.       Learned counsel for applicant points out that the

allegations in the FIR clearly show that they are with respect to


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the commercial transactions in between complainant and the

applicant. The offence came to be registered only on the

allegations     that   despite        payment   of    an    amount     of

Rs. 1,69,87,850/-, certain agricultural products are not supplied

by the applicant. Learned counsel for applicant submits that in

fact the complainant had already filed civil suit bearing

Commercial Suit (Stamp) No. 5745 of 2026 before City Civil &

Sessions Court, Greater Bombay at Dindoshi, Mumbai. Apart

from this, he submits that the applicant has been protected by

way of an order dated 24th June 2026 passed by the High Court

of Madras granting transit anticipatory bail in connection with

this offence.


4.    Learned APP for the respondent has opposed the

application and submitted that there are allegations about

payment of huge amount by the complainant to the applicant

against which goods are not supplied. He however does not

dispute the fact that a civil suit is already filed by the

complainant against this applicant with respect to the same

transactions.




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5.    The main allegations in the FIR are that despite payment

of amount by the complainant the applicant has failed to supply

the agricultural products. There is nothing on record to show at

this stage that the applicant has carried an intention to deceive

since beginning. Considering the nature of allegations and the

FIR, it appears that the offence is based on purely commercial

and civil transactions in between the parties, which fact also

becomes clear from pending civil suits filed by the complainant.


6.    In view of this the presence of this applicant can be

secured by directing him to attend the police station and at this

stage, the personal liberty of this applicant needs to be

protected, subject to certain conditions.

7.    Hence, I pass following order :-

                                  ORDER

       (i)    The Anticipatory Bail Application is allowed.

       (ii)   In the event of arrest of the applicant in Crime
              No. 1258 of 2025,        registered with Amboli
              Police Station, Brihanmumbai, for the offence
              punishable under Sections 409 and 420 of the
              Indian Penal Code, 1860, he be released on
              bail on furnishing P. R. Bond of Rs. 25,000/-
              (Rupees Twenty Five Thousand         only) with


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                   one solvent surety of the like amount.

             (iii) The applicant is directed to extend co-
                   operation and attend the Police Station on
                   every Monday for a period of three weeks in
                   between    10:00    a.m.      to    2:00   p.m.   and
                   thereafter as and when called upon by the
                   investigating agency.

             (iv) The    applicant     shall     not    influence    any
                   prosecution witnesses in any manner.

             (v)   Breach of any of these conditions, shall be a
                   ground for cancellation of the bail.

8.          In above terms, the Anticipatory Bail Application is

allowed and disposed of.




                                        (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




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