20251. Balaguru2. Padma3. Nagaraj Alias Nagarajan4. Lakshmipraba5. Vijayalakshmi6. Kondammal Alias Gokila7. Perumal v. The State of Tamilnadu

CRL OP(MD). No.2749 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 14/02/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.2749 of 20251. Balaguru2. Padma3. Nagaraj Alias Nagarajan4. Lakshmipraba5. Vijayalakshmi6. Kondammal Alias Gokila7. Perumal ... Petitioners/A1 to A7 VsThe State of Tamilnadu Rep.,By, the Inspector of Police, Watrap Police Station, Virudhunagar District (Crime No. 80 of 2022). ... Respondent/Complainant For Petitioner : M/s. Moovendran.G., Advocate. For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2749 of 2025PRAYER :-For Anticipatory Bail in Crime No. 80 of 2022 on the file of the respondentpolice.ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 12.02.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant an order of pre-arrest bail.2. The petitioners / accused Nos. 1 to 7 apprehend arrest at the hands of therespondent police for the offences punishable under Sections 147, 448, 427, 294(b),506(i) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of WomenAct, in Crime No.80 of 2022 on the file of the respondent-police.3. The case of the prosecution is that due to the partition dispute between theparties, on 31.03.2022 at 6.00 am, the petitioners abused the defacto complainant'swife in filthy language, attacked the defacto complainant and threatened them withdire consequences and also damaged the wall worth about Rs.5,000/-. Hence, thecase.2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2749 of 20254. Mr.G.Moovendran, the learned counsel for the petitioners, submits that thepetitioners are innocent persons and they have not committed any offence as allegedby the prosecution and they have been falsely implicated in this case. He, however, submits that the petitioners are ready to abide by any conditions to be imposed bythis Court. Accordingly, he prays to grant an order of pre-arrest bail to thepetitioners.5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (CriminalSide) appearing for the respondent-police, submits that there are no previous casesagainst the petitioners. He further submits that there was a dispute with regard to thepartition of the property between the family members and the injured wasdischarged from the hospital and the investigation of the case is still pending. Therefore, he prays to dismiss this Criminal Original Petition. 6. Heard on both sides. This Court has perused the records. 7. On perusing the First Information Report, it reveals that there was a disputebetween the parties with regard to the partition of the property. Considering the factsand circumstances of the case and the nature of the offence alleged against the3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2749 of 2025petitioners and also considering the fact that the petitioners have permanentresidence and deep roots in the society and therefore, there is less possibility ofabsconding and taking note of the fact that there are no previous cases against thepetitioners and with a view to give an opportunity to the petitioners to reformthemselves, this Court is inclined to grant pre-arrest bail to the petitioners. Accordingly, pre-arrest bail is granted to the petitioners subject to the followingconditions: (i) The petitioners shall be released on pre-arrest bail in the event of their arrestor in the event of their surrender before the learned Additional Mahila Judge, Srivilliputur, Virudhunagar District, within a period of 15 days from date on whichthe order copy is made ready, on executing a bond for a sum of Rs.10,000/- (RupeesTen Thousand only) each along with two sureties each for a like sum of Rs.10,000/-(Rupees Ten Thousand only) to the satisfaction of the learned Additional MahilaJudge, Srivilliputur, Virudhunagar District. (ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Additional Mahila Judge, Srivilliputur, VirudhunagarDistrict shall obtain a copy of any one of identity proofs to ensure their identity.4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2749 of 2025(iii) The petitioners shall appear and sign before the respondent-police weeklyonce i.e., on every Monday at 10.00 a.m. until further orders.(iv) The petitioners shall make themselves available for interrogation by apolice officer as and when required.(v) The petitioners shall not, directly or indirectly, make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer.vi) The petitioners shall not directly or in directly cause any threat to thedefacto complainant and tamper the evidence. (vii) The petitioners shall not leave India without the previous permission ofthe Court.(viii) The petitioners shall furnish their residential address and mobile numberto the concerned Magistrate.5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2749 of 2025(ix) The petitioners shall not enter into the defacto complainant's house or hiswork place.(x) On breach of any of the aforementioned conditions, the learned JudicialMagistrate or Trial Court, as the case may be, is entitled to pass appropriate ordersagainst the petitioners in accordance with law as if the aforementioned conditions areimposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. Stateof Kerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 14/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023. TRPTO1 THE ADDITIONAL MAHILA JUDGE,SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2749 of 20252 THE INSPECTOR OF POLICE,WATRAP POLICE STATION, VIRUDHUNAGAR DISTRICT3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.G.MOOVENDRAN, Advocate ( SR-1695[I] dated 17/02/2025 ) ORDER IN CRL OP(MD) No.2749 of 2025 Date :14/02/2025 SS/SKN/SAR- /25/02/2025/ 7P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7