Judgment · High Court

CRL OP(MD). No.3241 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 20.02.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.3241 of 20251.Rajkumar2.Vicky @ Vignesh ... Petitioners/Accused Nos.1 & 2 VsThe State of Tamil Nadu, Rep by the Inspector of Police, Somanathapuram Police Station, Sivagangai District. Crime No.5 of 2025 ... Respondent/ComplainantFor Petitioners:Mr.S.Rameshkumar, Advocate For Respondent:Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Crime No.5 of 2025 on the file of the respondent-police.1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3241 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 18.02.2025under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant anorder of pre-arrest bail.2. The petitioners apprehend arrest at the hands of the respondent-police for theoffences punishable under Sections 296(b), 115(2), 324 and 356(2) of Bharatiya NyayaSanhita (BNS), 2023 and Section 4 of Tamil Nadu Prohibition of Harassment ofWomen Act, 1998 in Crime No.5 of 2025 on the file of the respondent-police.3. The case of the prosecution is that on 13.02.2025, the petitioners abused thedefacto complainant and her uncle in filthy language. Hence, the case. 4. Mr.S.Rameshkumar, learned counsel appearing for the petitioners, submitsthat a false case has been foisted against the petitioners. The petitioners did notcommit any offence as alleged by the prosecution. He however submits that thepetitioners are ready to abide by any conditions imposed by this Court. Hence, heprays for grant of pre-arrest bail to the petitioners.2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3241 of 20255. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side)appearing for the respondent-police, submits that the defacto complainant sustainedsimple injuries. He further submits that the first petitioner / A1 has no previous caseand the second petitioner / A2 has one previous case. He further submits that if thepetitioners are granted pre-arrest bail, they will commit the similar offence and causethreat to the defacto complainant and her uncle. Therefore, he prays to dismiss thisCriminal Original Petition.6. Heard on both sides. This Court has perused the records.7. The petitioners have permanent residence and deep roots in the Society. Therefore, there is less possibility of absconding. Considering the above andconsidering the fact that the defacto complainant suffered simple injuries and with aview to give one more opportunity to the petitioners to reform themselves, this Courtis inclined to grant an order of pre-arrest bail to the petitioners subject to thefollowing conditions:(i) The petitioners shall be released on bail in the event of their arrest or in theevent of their surrender before the learned Judicial Magistrate, Karaikudi, within aperiod of 15 days from the date on which the order copy is made ready, on executing3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3241 of 2025a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each alongwith two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousandonly) to the satisfaction of the learned Judicial Magistrate, Karaikudi;(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 Judicial Magistrate shall obtain a copy of any one ofidentity proofs to ensure their identity;(iii) The petitioners shall make themselves available for interrogation by apolice officer as and when required;(iv) The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuadehim from disclosing such facts to the Court or to any police officer;(v) The petitioners shall not leave India without the previous permission of theCourt;(vi) Thereafter, the petitioners shall appear and sign before the respondent-Police daily at 10.00 a.m. until further orders; (vii) The petitioners shall furnish their residential address and mobile numberto the learned Judicial Magistrate, Karaikudi;(viii) The petitioners shall not enter into the defacto complainant's house or4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3241 of 2025workplace;(ix) The petitioners shall not try to contact the defacto complainant eitherdirectly or through any electronic mode;(x) The petitioners shall not, directly or indirectly, cause any threat to thedefacto complainant and her uncle and witnesses and shall not tamper the evidence; and(xi) On breach of any of the aforementioned conditions, concerned Magistrate, or Trial Court as the case may be, is entitled to pass appropriate orders against thepetitioners in accordance with law as if the aforementioned conditions are imposedby them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala[(2005) 13 SCC 283].8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 20/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. mbi 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3241 of 2025TO1.THE JUDICIAL MAGISTRATE, KARAIKUDI.2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.3.THE INSPECTOR OF POLICE, SOMANATHAPURAM POLICE STATION, SIVAGANGAI DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.3241 of 2025 Date :20/02/2025RK/SKN (05/03/2025) 6P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023 6/6