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Madras High CourtCRL OP(MD)/15196/2025granted

Arokiaraj v. The State Of Tamilnadu,

2025-11-03Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.11.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.15196 of 2025 Arokiaraj ... Petitioner/Accused No.1 Vs.

The State rep. By The Inspector of Police Thiruvarumbur Police Station, Thiruchirapalli District.

Crime No.468 of 2025 ... Respondent/Complainant For Petitioners : Mr.S.Arumugam 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.468 of 2025 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 316(2), 318(4) of BNS, in Crime No.468 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 15.10.2024, the petitioner entered into an oral agreement with the defacto complainant for hire his lorry for rent of Rs.6,000/- per day. The petitioner paid the rent upto Rs.3,50,000/- and exchanged lorry type worth about Rs.50,000/-. In mean while the petitioner pledged the lorry to the Accused No.2. Hence, this case. 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 contends that the petitioner had already agreed to pay the agreed rent for the vehicle but the defacto complainant is demanding more rent. Hence, the present dispute.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious 2/6

in nature. Further, the vehicle has been recovered.

5. Taking into consideration of the fact that the vehicle has been recovered and the petitioner has paid the substantial rent and since the petitioner has complied with the conditions imposed in the interim anticipatory bail regularly, the interim anticipatory bail already granted is made absolute and this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.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.10,000/-(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court No.VI, Tiruchirappalli, within a period of fifteen days from the date of receipt of a copy of this order 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before the respondent police daily at 10.30 3/6

a.m., for a period of two weeks and thereafter, as and when required. [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioner shall not abscond either during investigation or trial. [e]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 as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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

03.11.2025 TMG 4/6

TO

1. The Judicial Magistrate Court No.VI, Tiruchirappalli

2. The Inspector of Police Thiruvarumbur Police Station, Thiruchirapalli 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.15196 of 2025 Date : 03.11.2025 6/6