A. Surenthran v. State Of Tamilnadu Rep By Inspector Of Police, Thanthonimalai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.12.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.22101 of 2025 A.Surenthran ... Petitioner Vs.

The State of Tamil Nadu, Rep by the Inspector of Police, Thanthonimalai Police Station, Karur District.

(Crime No.406 of 2025) ... Respondent For Petitioners : Mr.S.Mahendra Pathy 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.406 of 2025 on the file of the respondent police.

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 305(a) of BNS, 2023, in Crime No. 1/6

406 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that one Rajeshkumar, filed a bail application in C.M.P.No.3141/2025 pertaining to Crime No.373/2025 and bail was granted and he submitted the surety papers on 21.11.2025. On verification, the bail order and the bail application relating to CMP.No.3141/2025 was found missing. Further, on verifying the CCTV footage, it was found that the night watchman (Court Staff) one Mathiyalagan took the bail application and the order and merged with the other bundles. Hence, a case has been registered as against the petitioner.

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 seeks this Court to grant anticipatory bail to the petitioner.

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

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5.The allegation against the petitioner is he has instigated the Night Watchman and removed the papers which are in the judicial custody. Since the petitioner is an Advocate, this Court directed the petitioner to file an undertaking affidavit stating that he will not commit the same offense hereafter. Therefore, the petitioner has filed an affidavit and the same is extracted hereunder:

"3. 1 humbly submit that as per the confession of A1 was implicated in this case. More over as an advocate I appeared for the said Rajeshkumar in Crl.M.P.No.1178/2024 pertaining to Cr.No. 149/2025 on the file of the Vengamedu Police Station and obtained anticipatory bail. Further on violation the case was registered against the said Rajeshkumar in Cr.No.373/2025 on the file of the respondent police.

4. I humbly submit that without any reasons I was falsely implicated in this case.

5. I humbly submit that I am an innocent and practicing as an advocate for the past 6 years without any unblemished records.

6. I humbly submit that even if it is a real fact I tender unconditional apology before this Hon'ble Court and I undertake hereafter I will not commit the occurrence as stated above." 3/6

6.Since the petitioner has given an unconditional apology, this Court warns the petitioner that he shall not commit such offence hereafter and if he repeats the same offence, the matter will be referred to the Bar Council. 7.Considering the facts and circumstances of the case and with the above said warning, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

8.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 Learned Judicial Magistrate No. I, Karur District, within a period of fifteen days from the date on which the order copy made ready 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 a.m., for a period of one week and thereafter, as and when required. [c]the petitioner shall not tamper with the evidence or witness either 4/6

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.

11.12.2025 TMG TO

1. Judicial Magistrate No.I, Karur District.

2.The Inspector of Police, Thanthonimalai Police Station, Karur 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.22101 of 2025 Date : 11.12.2025 6/6