Sathiyaseelan v. State Of Tamil Nadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Crl.O.P.No.32996 of 2025

1. Sathiyaseelan

2. Moulish Kumar ... Petitioners Vs.

State of Tamil Nadu rep by Sub Inspector of Police Thiruchengodu Police Station, Namakkal District.

Crime No.388 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on anticipatory bail in the event of his arrest in Crime No.388 of 2025 on the file of the respondent police.

For Petitioners :

Mr.S.Kasirajan For Respondent :

Ms.J.R.Archana, Government Advocate (Criminal Side).

O R D E R

The petitioners, who apprehending arrest at the hands of the respondent police for the alleged offence under Sections 140(3) and 62 of BNS, 2023 in Crime No.388 of 2025 on the file of the respondent police, seeks anticipatory bail.

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2. The allegation against the petitioners is that the petitioners, in collusion with other accused, attempted to abduct and murder a couple since the couple belongs to different castes. The defacto complainant, immediately rushed to the police station and lodged a complaint and therefore, the petitioners, along with the other accused, were arrested. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners along with other accused persons attempted to abduct the victim from just opposite to the police station which is also not believable. He further submitted that the co-accused already granted bail by this Court in Crl.O.P.No.31445 of 2025 dated 17.11.2025. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and on instructions submitted that it is a case of attempted abduction for committing other serious offences. He further submitted that there is no previous cases pending against the petitioners and some of the accused are also absconded. Hence, he opposed to grant bail to the petitioners.

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5. Considering the facts and circumstances of the case; taking note of the submissions made by the learned Government Advocate (Crl.Side); the fact that the co-accused already granted bail by this Court in Crl.O.P.No.31445 of 2025 dated 17.11.2025 and there is no previous cases pending against the petitioners, this Court is inclined to grant bail to the petitioner subject to 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 (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Tiruchengodu, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: [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;

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[b] the petitioners shall appear before the respondent police daily at 10.30 a.m., for the period of three weeks and thereafter as and when required for investigation;

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 02.12.2025 kmm To

1. The Judicial Magistrate, Tiruchengode.

2. The Sub Inspector of Police Thiruchengode Police Station, Namakkal District.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

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