High Court · 2025

Crl.O.P. No.15258 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 15.05.2025CORAM THE HON'BLE MR. JUSTICE M. NIRMAL KUMARCrl.O.P. No.15258 of 20251. Aladiyan2. Dhinagaran3. Siva4. Vijay ... Petitioners/ Accused Nos.2, 10, 6 and 4Vs.The State Rep. By,The Inspector of Police,Pachal Police Station,Thiruvannamalai District.(Crime No.93 of 2025) ... RespondentPRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail, in connection with Crime No.93 of 2025, pending investigation on the file of the respondent.For Petitioner : Mr. S. Silambu Selvan For Intervener : Mr. E. SathiyarajFor Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl. Side)******1/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.15258 of 2025O R D E RPetition seeking bail in respect of Crime No.93 of 2025 registered for the alleged offences punishable under Sections 191(2), 191(3), 296(b), 305(a), 324(4), 331(3), 351(3) of BNS, 2023 (U/s. 147, 148, 294(b), 380, 427, 454, 506(ii) of IPC) r/w. Section 3(1) of TNPPDL Act, is on board for consideration.2.The case of the prosecution is that on account of prior enmity related to love affair between the defacto complainant's son and the daughter of A6, the accused persons A1 to A15 came to the defacto complainant's house along with JCB bearing Registration No.TN-25-CC-8724, abused and threatened her of dire consequences. Further, damaged her house with the said JCB and took away certificates, ID proofs, cash of Rs.40,000/-, 1.75 sovereigns of gold jewels, silver bracelet and household utensils. Hence, this case. 3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent, they have been falsely implicated in this case and 2/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.15258 of 2025they have not committed any offence as alleged by the prosecution; that the petitioners have been arrested and remanded to judicial custody on 01.05.2025. He also submitted that the petitioners without prejudice to their defense and contention, are ready and willing to deposit a sum of Rs.10,000/- each to the credit of crime number before the Court concerned, therefore, he prayed for bail to the petitioner.4.The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and submitted that the defacto complainant's son and the daughter of A6 eloped on account of love affair; that thereby the petitioners abused, threatened the defacto complainant of dire consequences and also damaged the properties of the defacto complainant worth about Rs.40,000/- and also taken away 1.75 sovereigns of gold jewel, silver bracelet and household articles. He further submitted that the daughter of A6 is now living with the defacto complainant's family; and that the investigation is pending and opposed the grant of bail to the petitioners. 5.The learned counsel for the defacto complainant vehemently opposed the grant of bail to the petitioners by stating that the accused persons 3/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.15258 of 2025A1 to A15 came to the defacto complainant's house along with JCB bearing Registration No.TN-25-CC-8724, abused and threatened her of dire consequences. Further, damaged her house with the said JCB and took away certificates, ID proofs, cash of Rs.40,000/-, 1.75 sovereigns of gold jewels, silver bracelet and household utensils.6. Taking into consideration the facts and circumstances of the case, the nature of allegation against the petitioners, the submissions made by the learned counsels, the period of incarceration undergone by the petitioners and the voluntary submission made by the learned counsel appearing for the petitioners in respect of depositing a sum of Rs.10,000/- each to the credit of crime number, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail with the following conditions:(1) The petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) each to the credit of Crime No.93 of 2025 before the learned Magistrate concerned and on such deposit, the learned Magistrate concerned shall re-deposit the same to any of the Nationalized bank under interest bearing scheme and disburse the same, at the time of completion of the trial or if any settlement arrived between the parties;4/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.15258 of 2025(2) The petitioners shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Chengam along with the proof of deposit of Rs.10,000/- each to the credit of Crime No.93 of 2025.(3) The petitioners shall report before the respondent police as and when required for interrogation;(4) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Metropolitan Magistrate shall obtain a copy of any one of identity proofs to ensure their identity; (5) The petitioners shall make themselves available for interrogation by a Police Officer as and when required;(6) The petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses;(7) The petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, they shall comply to the directions as may be given by the Court in this regard; (8) On breach of any of the aforementioned conditions, the learned Metropolitan Magistrate is entitled to pass appropriate orders 5/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.15258 of 2025against the petitioners in accordance with law as if the aforementioned conditions are imposed by themselves as laid down by the Hon’ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005)13 SCC 283]. (9) If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.15.05.2025ari/ stnNote:-1.Registry is directed to forthwith upload this order in the official website of this Court.2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.6/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.15258 of 2025To1. The Judicial Magistrate, Chengam.2. The Inspector of Police, Pachal Police Station, Thiruvannamalai District. (Crime No.93 of 2025) 3. The Superintendent, Central Prison, Vellore.4. The Public Prosecutor, High Court of Madras.7/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.15258 of 2025M. NIRMAL KUMAR, J.ari/ stn Crl.O.P. No.15258 of 202515.05.20258/8

Crl.O.P. No.15258 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 15.05.2025CORAM THE HON'BLE MR. JUSTICE M. NIRMAL KUMARCrl.O.P. No.15258 of 20251. Aladiyan2. Dhinagaran3. Siva4. Vijay ... Petitioners/ Accused Nos.2, 10, 6 and 4Vs.The State Rep. By,The Inspector of Police,Pachal Police Station,Thiruvannamalai District.(Crime No.93 of 2025) ... RespondentPRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail, in connection with Crime No.93 of 2025, pending investigation on the file of the respondent.For Petitioner : Mr. S. Silambu Selvan For Intervener : Mr. E. SathiyarajFor Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl. Side)******1/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.15258 of 2025O R D E RPetition seeking bail in respect of Crime No.93 of 2025 registered for the alleged offences punishable under Sections 191(2), 191(3), 296(b), 305(a), 324(4), 331(3), 351(3) of BNS, 2023 (U/s. 147, 148, 294(b), 380, 427, 454, 506(ii) of IPC) r/w. Section 3(1) of TNPPDL Act, is on board for consideration.2.The case of the prosecution is that on account of prior enmity related to love affair between the defacto complainant's son and the daughter of A6, the accused persons A1 to A15 came to the defacto complainant's house along with JCB bearing Registration No.TN-25-CC-8724, abused and threatened her of dire consequences. Further, damaged her house with the said JCB and took away certificates, ID proofs, cash of Rs.40,000/-, 1.75 sovereigns of gold jewels, silver bracelet and household utensils. Hence, this case. 3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent, they have been falsely implicated in this case and 2/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.15258 of 2025they have not committed any offence as alleged by the prosecution; that the petitioners have been arrested and remanded to judicial custody on 01.05.2025. He also submitted that the petitioners without prejudice to their defense and contention, are ready and willing to deposit a sum of Rs.10,000/- each to the credit of crime number before the Court concerned, therefore, he prayed for bail to the petitioner.4.The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and submitted that the defacto complainant's son and the daughter of A6 eloped on account of love affair; that thereby the petitioners abused, threatened the defacto complainant of dire consequences and also damaged the properties of the defacto complainant worth about Rs.40,000/- and also taken away 1.75 sovereigns of gold jewel, silver bracelet and household articles. He further submitted that the daughter of A6 is now living with the defacto complainant's family; and that the investigation is pending and opposed the grant of bail to the petitioners. 5.The learned counsel for the defacto complainant vehemently opposed the grant of bail to the petitioners by stating that the accused persons 3/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.15258 of 2025A1 to A15 came to the defacto complainant's house along with JCB bearing Registration No.TN-25-CC-8724, abused and threatened her of dire consequences. Further, damaged her house with the said JCB and took away certificates, ID proofs, cash of Rs.40,000/-, 1.75 sovereigns of gold jewels, silver bracelet and household utensils.6. Taking into consideration the facts and circumstances of the case, the nature of allegation against the petitioners, the submissions made by the learned counsels, the period of incarceration undergone by the petitioners and the voluntary submission made by the learned counsel appearing for the petitioners in respect of depositing a sum of Rs.10,000/- each to the credit of crime number, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail with the following conditions:(1) The petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) each to the credit of Crime No.93 of 2025 before the learned Magistrate concerned and on such deposit, the learned Magistrate concerned shall re-deposit the same to any of the Nationalized bank under interest bearing scheme and disburse the same, at the time of completion of the trial or if any settlement arrived between the parties;4/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.15258 of 2025(2) The petitioners shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Chengam along with the proof of deposit of Rs.10,000/- each to the credit of Crime No.93 of 2025.(3) The petitioners shall report before the respondent police as and when required for interrogation;(4) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Metropolitan Magistrate shall obtain a copy of any one of identity proofs to ensure their identity; (5) The petitioners shall make themselves available for interrogation by a Police Officer as and when required;(6) The petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses;(7) The petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, they shall comply to the directions as may be given by the Court in this regard; (8) On breach of any of the aforementioned conditions, the learned Metropolitan Magistrate is entitled to pass appropriate orders 5/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.15258 of 2025against the petitioners in accordance with law as if the aforementioned conditions are imposed by themselves as laid down by the Hon’ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005)13 SCC 283]. (9) If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.15.05.2025ari/ stnNote:-1.Registry is directed to forthwith upload this order in the official website of this Court.2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.6/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.15258 of 2025To1. The Judicial Magistrate, Chengam.2. The Inspector of Police, Pachal Police Station, Thiruvannamalai District. (Crime No.93 of 2025) 3. The Superintendent, Central Prison, Vellore.4. The Public Prosecutor, High Court of Madras.7/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.15258 of 2025M. NIRMAL KUMAR, J.ari/ stn Crl.O.P. No.15258 of 202515.05.20258/8