Sathiyanarayanan v. The State Rep. By The Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.16258 of 2025 Sathiyanarayanan ... Petitioner Vs.

State rep. by The Sub-Inspector of Police Alangayam Police Station, Thirupathur District Crime No. 61 of 2025.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in Crime No.61 of 2025 on the file of the Respondent police. For petitioner :

Mr.R.Parthiban For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 316(2), 318(4) of IPC in Crime No.61 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused had demanded Rs.2,50,000/- from the defacto complainant on a false promise of securing a Government job to him as a teacher in Anganwadi Sector. 1/4

Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that petitioner has introduced the defacto complainant to the A1 and A2 and the petitioner's name is not found in the FIR and only based on the confession statement of A1, this petitioner was falsely implicated in this case. A1 and A2 were already granted bail by the trial court in Crl.MP.Nos.1278 and 1279 of 2025 on 23.05.2025. He is an innocent person and has been falsely implicated in this case. He also submitted that the petitioner are in no way connected with the alleged offence, He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioner, reiterated the prosecution case and submitted that the petitioner had introduced A1 and A2 who had promised the defacto complainant that they will secure a Government job for him and demanded Rs.2,50,000/- for the same.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, submissions 1.

2/4

made by the learned counsel on either side and also considering that there is no specific overtact against this petitioner and the petitioner is ready to abide by any condition, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail on his executing 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 No.3, Thirupathur, and on further conditions that: [a] 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 the identity proofs to ensure their identity;

[b] the 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 further interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the 3/4

M.NIRMAL KUMAR, J.

gv directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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

19.06.2025 Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate No.3, Thirupathur

2. The Sub-Inspector of Police Alangayam Police Station, Thirupathur District

3. The Public Prosecutor, High Court of Madras. Crl.O.P.No.16258 of 2025 4/4