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Madras High CourtCRL OP(MD)/12422/2025allowed

T.Sathiyamoorthiraj @ Sathiyamoorthi v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

2025-07-25Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI T.Sathiya Moorthi Raj @ Sathiya Moorthi, S/o.Thomas.

:Petitioner/Accused Rank not known Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Thiruverambur Police Station, Trichy District.

(Crime No.511 of 2025) : Respondent/Complainant For Petitioner : Mr.P.Pratheesh, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS. PRAYER :- For Anticipatory Bail in Crime No.511 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/Accused Rank not known, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 329(4), 296(b), 324(4) and 351(3) of BNS, in Crime No.511 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is doing real estate business and having office at Kattur. Due to some previous enmity, one Simonraj, went to the defacto complainant's office, threatened him by stating that he has already informed the issue to the Advocate/petitioner herein. Thereafter, on 08.06.2025, some unknown persons went to the defacto complainant's office and threatened them with Aruval and also stolen the office articles. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. The petitioner is suffering locomotor disability at 65% . If the petition is allowed, the petitioner may be permitted to comply with 2/6

the conditions before the Chennai Police Station and produced the copy of the Unique Disability ID card to substantiate the same. 4.The learned Government Advocate (Criminal Side) submitted that due to some previous enmity, one Simonraj, went to the defacto complainant's office, threatened him by stating that he has already informed the issue to the Advocate/petitioner herein. Thereafter, on 08.06.2025, some unknown persons went to the defacto complainant's office and threatened them with Aruval and also stolen the office articles. He further submitted that the first accused was arrested and released on station bail by execution of own bond and the investigation is pending.

5. Considering the facts and circumstances of the case and taking into account of the fact that the entire properties were recovered and also considering the fact that the occurrence had taken place on 08.06.2025, by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of 3/6

receipt of a copy of this order, before the learned Judicial Magistrate No.VI, Trichy District, on condition that the petitioner shall execute 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.VI, Trichy District, and on further conditions that:

(a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.VI, Trichy District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.VI, Trichy District;

(c)the petitioner shall report before the Chennai Esplanade Police Station weekly once i.e, on every Sunday at 10.30 a.m., until further orders; (d) the petitioner shall not tamper with 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 4/6

Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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) AIR SCW 5560]; and; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 25/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 5/6

1.The Judicial Magistrate No.VI, Trichy.

2. Do through the Chief Judicial Magistrate, Trichy.

3.The Inspector of Police, Thiruverambur Police Station, Trichy District.

4.The Inspector of Police, Esplanade Police Station, Near High Court, Chennai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.PRATHEESH, Advocate ( SR-8055[I] dated 28/07/2025 )

ORDER

IN CRL OP(MD) No.12422 of 2025 Date :25/07/2025 PS/SAR.19.08.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6