High Court · 2025

CRL OP(MD). No.4021 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )Date : 04/03/2025PRESENTThe HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.4021 of 2025R. Muthukumar,... Petitioner/Accused No.8 VsThe State of Tamilnadu,Rep by the Inspector of Police, Kalaiyarkoil Police Station,Sivagangai District.Crime No.362/2018. ... Respondent/Complainant For Petitioner : M/s. Velmurugan R, 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.362/2018 on the file of the respondent-Police.ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 28.02.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioner apprehends arrest at the hands of the respondent-police forthe offence punishable under Sections 147, 148, 294(b) and 506(ii) of IPC and Section1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4021 of 20253 of Tamil Nadu Public Property (Prevention of Damages and Loss) Act, 1992, inCrime No.362 of 2018 on the file of the respondent-police.3. The case of the prosecution is that on 21.07.2018 at about 11.00 p.m., whenthe defacto complainant and the Police Constable were deputed for bandobast forAyyanar Kovil fesitval, the accused persons came there on two-wheeler, stopped thedrama, abused the public/audience in filthy language, threatened them showingiron rod, threw stones and damaged door and other articles. Hence, the case.4. Mr.R.Velumurugan, the learned counsel for the petitioner, submits that thepetitioner is an innocent person, and he has not committed any offence as alleged bythe prosecution, and a false has been foisted against this petitioner. He howeversubmits that the petitioner is ready to abide by any conditions to be imposed by thisCourt. He therefore prays for grant of pre-arrest bail to the petitioner.5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate(Criminal Side) appearing for the respondent-police, submits that there are noprevious cases against the petitioner. He further submits that absconding chargesheet has been filed against the petitioner and the same was taken on file as PRCNo.11 of 2019. Accordingly, he prays to dismiss this Criminal Original Petition.6. The learned counsel appearing for the petitioner submits that the petitionerhas not received any summons in this case. He further submits that the petitioner2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4021 of 2025apprehends that if the petitioner appears before the Court, the Magistrate shallremand the petitioner and send him under custody.7. Heard on both sides. This Court has perused the records. 8. The respondent police registered a case against the petitioner for theoffence punishable under Sections 147, 148, 294(b) and 506(ii) of IPC and Section 3of Tamil Nadu Public Property (Prevention of Damages and Loss) Act, 1992.Section 506(ii) of IPC and Section 3 of Tamil Nadu Public Property (Prevention ofDamages and Loss) Act, 1992 are non bailable in nature. It is stated that thepetitioner has not received any summons in this case. It is also stated that therespondent-police filed absconding charge sheet against the petitioner. In view ofthe facts and circumstances of this case, the petitioner apprehends that if thepetitioner appears before the Court, the Magistrate shall remand the petitioner andsend him under custody. The apprehension of the petitioner is reasonable. 9. In view of the offence alleged against the petitioner, this Court is of the viewthat custodial interrogation of the petitioner is not necessary in this case. Thepetitioner has permanent residence and therefore, there is less possibility forabsconding. Considering the above, and also considering the facts andcircumstances of the case, and taking note of the fact that there are no previous casesagainst the petitioner and with a view to give an opportunity to the petitioner to3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4021 of 2025reform himself, this Court is inclined to grant an order of pre-arrest bail to thepetitioner subject to the following conditions.(i) The petitioner shall be released on pre-arrest bail in the event of his arrestor in the event of his surrender before the learned Judicial Magistrate No.I,Sivagangai, Sivagangai District, within a period of 15 days from the date on whichthe order copy is made ready, on executing a bond for a sum of Rs.25,000/- (RupeesTwenty Five Thousand only) along with two sureties each for a like sum ofRs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learnedJudicial Magistrate No.I, Sivagangai, Sivagangai 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 Judicial Magistrate shall obtain a copy of any one ofidentity proofs to ensure their identity. (iii) The petitioner shall appear and sign before the learned Judicial MagistrateNo.I, Sivagangai, Sivagangai District, daily at 10.00 a.m. until further orders.(iv) The petitioner shall make himself available for interrogation by a policeofficer as and when required.(v) The petitioner shall not, directly or indirectly, make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade him4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4021 of 2025from disclosing such facts to the Court or to any police officer.(vi) The petitioner shall not, directly or indirectly, cause any threat to thedefacto complainant and witnesses and shall not tamper the evidence.(vii) The petitioner shall not leave India without the previous permission ofthe Court.(viii) The petitioner shall furnish his residential address and mobile numberto the concerned Magistrate.(ix) 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 petitioner 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]. 10. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 04.03.2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4021 of 2025SM TO1. The Judicial Magistrate No.I, Sivagangai, Sivagangai District.2. Do-Through The Chief Judicial Magistrate, Sivagangai District.3. The Inspector of Police, Kalaiyarkoil Police Station, Sivagangai District.4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.R.VELMURUGAN, Advocate ( SR-2399[I] dated 05/03/2025 ) ORDER IN CRL OP(MD) No.4021 of 2025 Date : 04/03/2025 SL(21.03.2025)/ 6P/ 6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.6/6