High Court cannot impose civil suit-related conditions while granting anticipatory bail: Supreme Court

In Nehru Irulandi vs. State of Tamil Nadu & Ors. (2026), Supreme Court's Division Bench of Justices J.B. Pardiwala and K. V. Vishwanathan delivered judgment dated May 27, 2026, wherein, it set aside order dated February 24, 2026 by Madras High Court's condition restraining accused from interfering with disputed property, holding that criminal courts cannot effectively grant relief pending in a civil suit. The Supreme Court held that conditions imposed while granting anticipatory bail cannot amount to granting relief that is yet to be decided by a civil court.

It set aside the condition prohibiting the appellants from interfering with the disputed property until the civil suit was decided. It clarified that all other conditions imposed while granting anticipatory bail would continue to remain in force.

It observed that if the complainant, as plaintiff in the civil suit, apprehends breach of peace or interference with the suit property, he is free to seek appropriate relief before the civil court or any other appropriate forum in accordance with law.

The case arose from an FIR registered at Perunazhi Police Station, Madurai, for offences under Sections 189(2), 329(3), 324(4), 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023. While granting anticipatory bail to the appellants and other co-accused, the high court had directed them not to interfere with the disputed property until the conclusion of a civil suit filed by the complainant.

Responding to the question: can a High Court impose civil suit-related conditions while granting anticipatory bail, the Supreme Court answered in the negative. It held that such a condition effectively amounted to granting relief in the civil suit itself. The Court observed that the appellants were defendants in a civil suit filed by the complainant seeking a permanent injunction. It factored in the fact that the appellant's claim that he had purchased the suit property.

The judgement reads: "Prima facie, it appears that the case of the appellant, namely, Nehru Irulandi as one of the defendants is that he has purchased the suit property. Be that as it may, the Suit is of the year 2019. The plaintiff has not prayed for any injunction pending the Suit".

Supreme Court recorded that although an application seeking interim injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure had been filed, it had not yet been taken up for hearing by the civil court.

The judgement reads:"We are of the view that while granting anticipatory bail, high court should not have imposed a condition which tantamount to granting of some relief in the suit itself, which otherwise the civil court has not granted."

The Division Bench held that the High Court, while exercising jurisdiction in a criminal matter, could not impose a condition that effectively granted a relief which the civil court itself had not granted.