Kathiravan@Saran v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Kathiravan @ Saran ... Petitioner/Accused Vs.

The State represented The Inspector of Police, Palladam Police Station Tiruppur District.

(Crime No.873 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.873 of 2025 on the file of the respondent police. For Petitioner : Mr.D.Padmanabhan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side) 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.08.2025 for the alleged offences punishable under Section 308(4) of BNS Act, in Crime No.873 of 2025 on the file of the respondent police, seeks bail.

2. The allegation is that the petitioner by threatening the defacto complainant received a sum of Rs.95,000/- by way of G-pay transfer. Subsequently, he was arrested and the property was also recovered. Hence, the case.

3. The learned counsel appearing for the petitioner states that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. 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 bail to the petitioner.

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4. The learned Government Advocate (Criminal.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is having one previous case against him and also the property was recovered. Hence, he opposed to grant bail to the petitioner.

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

6. Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner and the property has been recovered, this Court is inclined to grant bail to the petitioner with certain conditions;

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Palladam and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety 3/6

ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the0 identity proofs to ensure their identity;

[b] the petitioner shall appear before the respondent Police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

[c] 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 25.09.2025 dna 4/6

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, Palladam.

2.The Inspector of Police, Palladam Police Station Tiruppur District.

(Crime No.873 of 2025) 3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

dna 25.09.2025 6/6