Durairaj v. State Of Tamilnadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 19507 of 2025 Durairaj ..Petitioner/A3 Vs State Of Tamilnadu, Rep By The Inspector Of Police, Kulithalai Police Station, Karur District.

(Crime No.628 of 2025) Respondent(s) For Petitioner(s):

Mr.R.Murugappan For Respondent(s):

Mr.S.S.Manoj Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.628 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 309(4) and 311 of BNS, 2023, in Crime No.628 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 31.10.2025, at Trichy-Karur Highways, Mappalayam Public Toilet, the petitioner and other accused persons waylaid the defacto complainant and robbed their money of Rs.5,500/- at knife point. Hence, a case was registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by 2/8

this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submitted that there are three previous cases pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5.Considering the above facts and circumstances of the case and inspite of there are three previous cases pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, this petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the 3/8

learned Judicial Magistrate Court-II, Kulithalai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate Court-II, Kulithalai, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Court-II, Kulithalai. In the event of any change in his residential address, the petitioner shall report the same to 4/8

the learned Judicial Magistrate Court-II, Kulithalai;

(c)the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Crime No.628 of 2025 before the learned Judicial Magistrate Court-II, Kulithalai. On such deposit, the learned Judicial Magistrate Court-II, Kulithalai, shall accept the sureties furnished by the petitioners. After receipt of entire amount, the learned Judicial Magistrate Court-II, Kulithalai, 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.628 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.

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(d)the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial;

(g) 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 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) 6/8

AIR SCW 5560] and;

(h) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

06.11.2025 vsg To 1.The learned Judicial Magistrate Court-II, Kulithalai.

2.The Inspector Of Police, Kulithalai Police Station, Karur District.

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

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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.19507 of 2025 Date : 06.11.2025 8/8