Ayothiraman v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.18432 of 2025 1.Ayothiraman 2.Ramamoorthy ... Petitioners/ Accused Nos.6 & 7 Vs The State of Tamilnadu, Rep by the Inspector of Police, District Crime Branch, Virudhunagar District.

(Crime No.11 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Malaikani For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.11 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 06.10.2025 for the offences punishable under Sections 120B, 406, 420 and 506(i) of IPC in Crime No. 11 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the defacto complainant's ancestors and A1 initially entered into oral partition. Subsequently, the defacto complainant's ancestors and his father died. Thereafter, A1 executed a power of attorney in Doc.No.91/2024 on 05.01.2024, in favour of A2 and A2 in turn sold the property to A5 under Doc.No.3049 of 2024. In the document, the petitioners are witnesses. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 06.10.2025. Hence, he seeks bail to the petitioners.

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4. The learned Additional Public Prosecutor submitted that A-6 has six previous cases and A-7 has one previous case. The petitioner are witnesses to the document. However, he opposed for grant of bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioners and inspite of six previous cases pending against the first petitioner and one previous case pending against the second petitioner, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing 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 Judicial Magistrate Court No.II, Virudhunagar, and on further conditions 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 Aadhaar card 3/6

or bank pass book to ensure their identity.

[b] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders. [c] the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioners 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 BNS.

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To

1. The Judicial Magistrate Court No.II, Virudhunagar.

2. The Officer-In-Charge, District Jail, Virudhunagar.

3. The Inspector of Police, District Crime Branch, Virudhunagar District.

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

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S.SRIMATHY,J.

vsg

ORDER

IN CRL OP(MD) No.18432 of 2025 Date : 23.10.2025 6/6