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Madras High CourtCRL OP(MD)/20049/2025granted

Maickelraj v. State Of Tamilnadu Rep By Inspector Of Police, E.Pudur

2025-11-13Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.11.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY

1. Maickelraj

2. Aatham @ Adham ... Petitioners/Accused Vs The State of Tamilnadu, Represented by the Inspector of Police, E-Pudur Police Station, Trichy City, Trichy.

(Crime No.253 of 2025) ... Respondent/Complainant For Petitioners : Mr.K.Anandraj For Respondent : Mr.S.S.Manoj Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.253 of 2025 on the file of the respondent police.

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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 304 of BNS 2023, in Crime No.253 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons had waylaid the defacto complainant and snatched his mobile phone and silver chain. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that based on the confession of co-accused, the petitioners were falsely implicated in this case. He further submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

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4. The learned Government Advocate (Crl.Side) submitted that the second petitioner is not an accused in this case and there are 8 previous cases pending as against the 1st petitioner. He further submitted that the property has been recovered. However, he vehemently opposed to grant anticipatory bail to the 1st petitioner.

5. Considering the facts and circumstances of the case and also the fact that the second petitioner is not an accused in this case. Therefore, this Criminal Original Petition is closed as against the second petitioner. Further, the property has been recovered, this Court is inclined to grant anticipatory bail to the 1st petitioner, subject to certain conditions.

6. Accordingly, the 1st 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 on which the order copy made ready, before the learned Judicial Magistrate No.II, Tiruchirappalli, on condition that the 1st 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 the police officer who intends to arrest or to 3/7

the satisfaction of the learned Judicial Magistrate No.II, Tiruchirappalli, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the 1st 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 1st petitioner shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of The Head Master, Government Higher Secondary School, Odaipatty, Theni District, in SBI Account No.11268003539, IFSC No.SBIN0000764, State Bank of India, South Car Street, Uthamapalayam, Theni District. This fund shall be utilized for the purpose of purchasing furniture (Benches & Desks) for newly constructed class rooms under '' Namakku Name'' Scheme, without prejudice to his contentions and rights before the trial Court, and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the 1st petitioner;

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(c) the 1st petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. (d) the 1st petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the 1st petitioner 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 1st petitioner in accordance with law as if the conditions have been imposed and the 1st 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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 13.11.2025 msrm 5/7

To 1.The learned Judicial Magistrate No.II, Tiruchirappalli.

2.The Inspector of Police, E-Pudur Police Station, Trichy City, Trichy.

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

4. The Headmaster, Government Higher Secondary School, Odaipatty, Theni District.

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S.SRIMATHY, J.

msrm

ORDER

IN CRL OP(MD) No.20049 of 2025 13.11.2025 7/7