Rathinavel v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.12.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY 1.B.Rathinavel 2.Mini @ Maragathavalli ... Petitioners/Accused Vs The State of Tamil Nadu, Rep By The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.
(Crime No.477 of 2025) ... Respondent/Complainant For Petitioners : Mr.G.R.Sathish, Advocate.
For Respondent : Mr.S.S,Manoj, Government Advocate (Crl.Side) For Intervener : Mr.S.Sathya Chidambaram, Advocate 1/7
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.477 of 2025 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 61(2), 316(2), 318(4) and 351(2) BNS in Crime No.477 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners herein along with other accused persons grabbed the property of the defacto complainant by forcibly registering sale deeds and thereby, cheated huge amount. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioner are innocent persons and they are no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the 2/7
petitioners.
4. The learned Government Advocate (Criminal Side) appearing for the respondent Police opposed to grant anticipatory bail to the petitioners.
5. Heard the learned counsel appearing for the intervener.
6. Taking into consideration of the facts and circumstances of the case, 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 Judicial Magistrate No.1, Sivakasi, Virudhunagar District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to 3/7
arrest or to the satisfaction of the Judicial Magistrate Court No.I, Sivakasi, Virudhunagar District, 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 obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b) the petitioners shall report before the respondent police as and when required for interrogation; (c) the petitioners are jointly directed to deposit a sum of Rs.1,50,000/- to the credit of Crime No.477 of 2025 before the Judicial Magistrate Court No.I, Sivakasi, Virudhunagar District. On such deposit, the said Magistrate, shall accept the sureties furnished by the petitioners and also directed to deposit the 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.477 of 2025 and the petitioners jointly are further directed to deposit a sum of Rs.1,50,000/- to the credit of Crime No.477 of 2025 before the Judicial Magistrate Court No.I, Sivakasi , Virudhunagar District on or before 01.03.2026. The learned Judicial 4/7
Magistrate or trial Court shall pass orders regarding entitlement of the said amount in its final order / judgment. (d) the petitioners shall not tamper with evidence or witness either during investigation or trial; (e) the petitioners 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 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] and;
(g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 08.12.2025 KSA To 5/7
1. The Judicial Magistrate Court -No.I, Sivakasi, Virudhunagar District. 2.The Inspector of Police, Sivakasi Police Station, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
S.SRIMATHY, J.
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KSA
ORDER
IN CRL OP(MD) No.14615 of 2025 Date : 08.12.2025 7/7