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Madras High CourtCRL OP(MD)/11227/2025granted

Sathiyamoorthi v. The State Of Tamilnadu

2025-11-21Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.11.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.11227 of 2025 and CRL MP(MD)No.9606 of 2025 Sathiyamoorthi ... Petitioner Vs.

The State of Tamil Nadu, Rep by the Inspector of Police, Gandamanur Police Station, Theni District.

(Crime No.53 of 2022) ... Respondent For Petitioners : Mr.R.Shankar Ganesh For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.53 of 2022 on the file of the respondent police.

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ORDER: The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 420 and 506(i) of IPC, 1860 in Crime No.53 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and Accused Nos.2 and 3 have received money to the tune of Rs.3,00,000/- and Rs.2,50,000/- respectively from the defacto complainant for arranging Government job. After receiving the money, the petitioner issued two appointment orders but the orders fake. On 23.19.2021 at about 08.00 AM when the defacto complainant questioned the same, the petitioners abused him in filthy language. Hence, a case has been registered as against the petitioner. 3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) appearing for the 2/6

respondent submitted that the offences committed by the petitioner are serious in nature. Further, the 2nd accused was already arrested, remanded and released on bail and the 3rd accused was already granted anticipatory bail. 5.It is seen that the learned Counsel appearing for the intervenor passed away. In spite of notice, the intervenor did not appear before this Court either in person or through any other learned Counsel. Therefore, this Court is proceeding with the case. Hence, the CRL MP(MD)No.9606 of 2025 is closed. 6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall execute a bond for a sum of Rs.

their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner is directed to deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand Only), to the credit of Crime No. 53 of 2022 before the learned Judicial Magistrate, Aundipatti, Theni District. After receipt of entire amount, the learned Judicial Magistrate, shall deposit the said amount in an interest bearing Fixed Deposit in any Nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.53 of 2022. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.

[c]the petitioner shall report before the respondent police daily at 10.30 a.m., on every Saturday and Sunday until further orders. The petitioner shall cooperate with the investigation.

[d]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[e]the petitioner shall not abscond either during investigation or trial. [f]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court himself 4/6

as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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

21.11.2025 TMG TO

1. Judicial Magistrate, Aundipatti, Theni District.

2. The Inspector of Police, Gandamanur Police Station, Theni District.

3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.11227 of 2025 Date : 21.11.2025 6/6