S.Suriyamoorthy Alias Moorthy v. State of Tamilnadu Rep by Inspector of Police, South Gate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

¶1S.Suriyamoorthy Alias Moorthy

¶2R.Ramar ... Petitioners/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, South Gate Police Station, Madurai City, Madurai District. Crime No.10/2026. ... Respondent/Complainant For Petitioner : Mr.L.Prabhu, Advocate. For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PRAYER:- C-24AB For Anticipatory Bail in Crime No.10/2026 on the file of the respondent Police. 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 420 and 204 and 506(i) of IPC, [corresponding offence 318(4), 241 and 351(2) of BNS], in Crime No.10 of 2026 on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that the defacto complainant has received 8 bangles degraded with 20% of gold coated and 80% of silver inside the bangles from the petitioners and the petitioners demanded to fix hall-mark to the said bangle, but the defacto complainant refused to do the same and preferred a complaint. Hence, the case.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

¶4The learned Government Advocate (Criminal side) opposed for grant of anticipatory bail to the petitioners.

¶5Considering the facts and circumstances of the case, and considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of 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.IV, Madurai, within a period of fifteen days from the date on which the order copy is made ready 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 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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.

¶7As far as the return of property is concerned, the petitioners are at liberty to approach the competent Magistrate Court and file an application. If such petition is filed, the learned Magistrate shall consider the same as per law at the earliest.

05.02.2026 PJL TO

¶1Judicial Magistrate No.IV, Madurai.

2.The Inspector of Police, South Gate Police Station, Madurai City, Madurai District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. S.SRIMATHY,J PJL ORDER IN CRL OP(MD)No.955 of 2026 Date : 05/02/2026