Marimuthu v. State of Tamilnadu Rep by Inspector of Police, Sattur Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.03.2026 PRESENT THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN CRL OP(MD)No.2076 of 2026 and CRL.MP(MD).No.5453 of 2026 Marimuthu ... Petitioner / Accused Rank Not Known

Versus The State of Tamilnadu, Rep by the Inspector of Police, Sattur Town Police Station, Virudhunagar District. (Crime No.151 of 2026) ... Respondent / Complainant PRAYER :-Criminal Original Petition filed under Section 482 of the BNSS, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.151 of 2026 on the file of the respondent police or on his appearance. For Petitioner : Mr.V.Sasi Kumar

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Criminal Side) ORDER : The Court made the following order :- The petitioner/accused, apprehending arrest at the hands of the respondent police in Crime No.151 of 2026 for the offences punishable under Sections 316(2), 318(4) and 303(2) of the Bharatiya Nyaya Sanhita, 2023, has filed the present petition seeking anticipatory bail.

¶2The case of the prosecution is that the petitioner, in collusion with other accused, dishonestly obtained a sum of Rs.1,50,000/- and four sovereigns of gold jewels from the house of the defacto complainant. Hence, the respondent police have registered a case against the accused persons for the aforesaid offences.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Accordingly, he prayed for the grant of anticipatory bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the defacto complainant is a woman. He further submitted that there is no previous cases against the petitioner. Accordingly, he objected to the grant of anticipatory bail to the petitioner.

¶5This Court heard the learned counsel on either side and perused the materials placed on record.

¶6Taking into consideration the facts and circumstances of the case, the nature of the offence, the fact that there are no previous criminal antecedents against the petitioner, and also considering the undertaking given by the petitioner to deposit the amount, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

¶7Accordingly, 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 on which the order made ready, before the learned Judicial Magistrate No.II, Sattur, Virudhunagar, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of the Crime No.151 of 2026 on the file of the respondent-police, before the learned Judicial Magistrate No.II, Sattur, Virudhunagar, within a period of fifteen days (15) from the date on which the order copy is made ready. In turn, the learned Judicial Magistrate 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.151 of 2026. The learned Judicial Magistrate or Trial Court shall pass orders qua entitlement of the said amount in its final order / Judgment;

(c) the petitioner shall report before the respondent police as and when required for interrogation;

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

(e) the 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 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) AIR SCW 5560]; and

(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. Consequently, connected miscellaneous petition is closed.

18.03.2026 pal To

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

2.The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoOP(MD).oNo.2076oofo2026 oK.K.RAMAKRISHNANoo,Jo. ooooooooooooooooooooooooooooooooooooooooooooopal ORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.2076oofo2026 Dateoo:o18.03.2026