Subramani v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Subramani

2. Ravi

4. Prakash

6. Pachaiappan Petitioner(s) Vs State Represented by The Station House Officer, Pagandai Koottu Salai Police Station, Kallakurichi District.

(Crime No. 84 of 2011) Respondent(s) PRAYER To enlarge the petitioners on anticipatory bail in the event of their arrest in S.C. No. 189 of 2024 pending on the file of the Learned Chief Judicial Magistrate, Kallakurichi in Crime No. 84 of 2011 1/6

For Petitioner(s):

Mr.J.HemaKumar For Respondent(s):

Mr.S.Udayakumar, Govt. Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police in S.C.No.189 of 2024 pending on the file of Chief Judicial Magistrate, Kallakurichi, in Crime No.84 of 2011 on the file of respondent police, seek anticipatory bail.

2. The learned counsel for the petitioners would submit that the petitioners are ranked as A1 to A7 and they have been regularly appearing before the trial court on all hearings dates, whereas due to transfer of the said case from the file of Principal Sessions Court, Kallakurichi to Chief Judicial Magistrate, Kallakurichi without serving any summons. Therefore, they are unable to appear before the trial court and they are unable to execute the surety bonds and now the first anticipatory bail also expired automatically. Hence, they have filed this petition praying to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioners were earlier granted anticipatory bail and thereafter, they were regularly appearing before the trial Court. 2/6

However, they were unable to appear before the Court and subsequently, the learned Magistrate issued non bailable warrant against the petitioners. He would also submit that if they are released on anticipatory bail, they will tamper the evidence and hamper the investigation and the investigation is almost completed. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the above fact and circumstances of the case and also the fact that the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Chief Judicial Magistrate, Kallakurichi, and the petitioners shall also execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which, one surety must be a blood surety, for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may 3/6

obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent police on every Tuesday at 10.30 for the period of eight weeks. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

12-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp 4/6

To

1. Chief Judicial Magistrate, Kallakufichi.

2. The Station House Officer, Pagandai Koottu Salai Police Station, Kallakurichi Dt.

3. The Public Prosecutor, High Court, Madras. 5/6

T.V.THAMILSELVI J.

rpp CRL OP No. 22095 of 12-09-2025 6/6