High Court · 2025

CRL OP(MD). No.3767 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 27/02/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.3767 of 20251. C.Ramaiyan2. Manimegalai3. Nethaji4. C.Muthusamy5. M.Karnan... Petitioners/Accused Nos. 1 to 5VsThe State of Tamil Ndadu,Rep by the Inspector of Police, Pappanadu Police Station,Thanjavur District. Crime No.42 of 2025. ... Respondent/ComplainantFor Petitioner: Mr.B.Anandan, AdvocateFor Respondent: Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :-For Anticipatory Bail in Crime No.42 of 2025 on the file of the Respondent-Police.ORDER : The Court made the following order :-1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3767 of 2025This Criminal Original Petition has been filed by the petitioners on 25.02.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant an order of pre-arrest bail.2. The petitioners apprehend arrest at the hands of the respondent- police forthe offences punishable under Sections 296(b), 131, 74 and 351(2) of BNS, 2023, inCrime No.42 of 2025 on the file of the respondent-police.3. The case of the prosecution is that on 04.02.2025, the defacto complainantdamaged the canal belonging to the PWD situated at Sankaranathakudikadu Villageand stopped the water, which flows through the petitioner's land. When the samewas questioned by A1, a verbal quarrel arose between them. The petitioners hereinabused the defacto complainant with filthy language and also threatened him withdire consequences. Hence, the case.4. Mr.B. Anandan, the learned counsel for the petitioners, submits that thepetitioners are innocent persons, they have not committed any offence as alleged bythe prosecution, and they have been falsely implicated in this case. He furthersubmits that neither of the petitioners was present at the said location at any point intime, and no independent witnesses have been cited to corroborate that thepetitioners were present at the scene of the crime. He further submits that, in fact, acounter case has also been registered in Crime No.41 of 2025 against the defacto2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3767 of 2025complainant. He however submits that the petitioners are ready to abide by anyconditions to be imposed by this Court. Accordingly, he prays to grant an order ofpre-arrest bail to the petitioners.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 no one sustained an injury in the saidoccurrence. He further submits submits that this is a case in counter and the countercase has been registered in Crime No.41 of 2025, and that the investigation of the caseis pending. He further submits that if the pre-arrest bail is granted to the petitioners,they may cause threat to the defacto complainant and witnesses. Hence, he prays todismiss this Criminal 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 same and alsoconsidering the facts and circumstances of the case and the nature of the offencealleged against the petitioners and taking note of the fact that there are no previouscases against the petitioners and also with a view to give an opportunity to thepetitioners to reform themselves, this Court is inclined to grant pre-arrest bail to thepetitioners. Accordingly, pre-arrest bail is granted to the petitioners subject to the3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3767 of 2025following conditions: (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 District Munsif - cum - JudicialMagistrate, Orathanadu, within a period of 15 days from the date on which the ordercopy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees TenThousand 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 District Munsif - cum -Judicial Magistrate, Orathanadu. (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 District Munsif - cum - Judicial Magistrate, Orathanadushall obtain a copy of any one of identity proofs to ensure their identity.(iii) The petitioners shall appear and sign before the respondent-police daily at10.00 am 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.4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3767 of 2025(vi) The petitioners shall also not directly or in directly cause any threat to thedefacto complainant and witnesses and tamper with evidence. (vii) The petitioners shall not leave India without the previous permission of theCourt.(viii) The petitioners shall furnish their residential address and mobile numberto the learned District Munsif - cum - Judicial Magistrate, Orathanadu.(ix) The petitioners shall not enter into the defacto complainant's house or herwork place.(x) On breach of any of the aforementioned conditions, the learned DistrictMunsif - cum - Judicial Magistrate, Orathanadu or Trial Court, as the case may be, isentitled to pass appropriate orders against the petitioners in accordance with law as ifthe aforementioned conditions are imposed by him as laid down by the Hon'bleSupreme 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/- 27/02/2025/ TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. TRP 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3767 of 2025TO1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ORATHANADU.2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.3 THE INSPECTOR OF POLICE, PAPPANADU POLICE STATION,THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.B.ANANDAN, Advocate ( SR-2279[I] dated 03/03/2025 ) ORDER IN CRL OP(MD) No.3767 of 2025 Date :27/02/2025RS/SKN/SAR-(12.03.2025) 6P 6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20236/6