High Court · 2025

CRL.OP(MD).No.4080 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 05.03.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD).No.4080 of 2025Mohammed Fazil... Petitioner / Accused No.1Vs.The State of Tamil Nadu rep byThe Sub-Inspector of Police,Thuckalay Police Station,Kanyakumari District.(Crime No.124 of 2025)... Respondent / ComplainantPRAYER :- The Criminal Original Petition filed under Section 482 of the BharatiyaNagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to thepetitioner in Crime No.124 of 2025 on the file of the respondent-police. For Petitioner : Mr.S.C.Herold Singh, Advocate. For Respondent :Mr.S.S.Manoj, Government Advocate (Criminal Side)ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 03.03.2025under 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 126(2), 296(b), 131, 351(3) and 140(3) of BNS,2023 (341, 294, 352, 506 and 365 of IPC), in Crime No.124 of 2025 on the file of therespondent-police.1/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD).No.4080 of 20253. The case of the prosecution is that the husband of the defacto complainant,who is a salesman at Thalakulam Eraniel Uzhavar Pani Co-operative Society,borrowed a sum of Rs.4,35,000/- from the petitioner. Out of which a sum ofRs.2,30,000/- was repaid, leaving a balance of Rs. 2,05,000/-. To recover the amount,the petitioner visited the defacto complainant’s house and threaten them. On06.02.2025, at about 8:00 a.m., while the husband and daughter of the defactocomplainant were about to board an auto, the petitioner and two others allegedlyintercepted them, abused them in filthy language and assaulted the husband of thedefacto complainant, and took him away in a car and threatened the daughter of thedefacto complainant with dire consequences. Hence, the case.4. Mr.S.C.Herold Singh, the learned counsel for the petitioner, submits that thepetitioner is innocent person and he has not committed any offence as alleged by theprosecution. He contends that the petitioner had monetary transactions with thedefacto complainant, and when the petitioner demanded repayment, a falsecomplaint was lodged against the petitioner. He however submits that the petitioneris ready to abide by any conditions imposed by this Court and accordingly, he praysfor the grant of pre-arrest bail. 5. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Criminal Side)appearing for the respondent-police, submits that there are totally three accused2/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD).No.4080 of 2025persons in this case and the petitioner has been arrayed as A1. He further submitsthat the petitioner assaulted the husband of the defacto complainant, and took himaway in a car and also threatened the daughter of the defacto complainant with direconsequences. He further contends that if pre-arrest bail is granted to the petitioner,he may cause threat to the defacto complainant and her family members andtherefore, custodial interrogation of the petitioner is necessary in this case.Accordingly, he prays to dismiss this Criminal Original Petition.6. Heard on both sides. This Court has perused the records. 7. The petitioner has permanent residence and deep roots in the society.Hence, there is less possibility of absconding. Considering the same and alsoconsidering the facts and circumstances of the case, the nature of the offence and thefact that there was a money dispute between the petitioner and the defactocomplainant and taking note that no injury has been sustained and also taking noteof the fact that the petitioner has no previous cases and with a view to give anopportunity to the petitioner, this Court is inclined to grant pre-arrest bail to thepetitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to thefollowing conditions: (i) The petitioner shall be released on pre-arrest bail in the event of his arrest orin the event of his surrender before the learned Judicial Magistrate No.I,3/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD).No.4080 of 2025Padmanabhapuram, Kanyakumari District, within a period of 15 days from the dateon which the order copy is made ready, on executing a bond for a sum ofRs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for alike sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction ofthe learned Judicial Magistrate No.I, Padmanabhapuram, Kanyakumari 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 respondent-police daily at10.00 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 himfrom disclosing such facts to the Court or to any police officer.(vi) The petitioner shall also 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 of4/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD).No.4080 of 2025the Court.(viii) The petitioner shall furnish his residential address and mobile numberto the concerned Magistrate.(ix) The petitioner shall not enter into the defacto complainant's house or herworking place.(x) The petitioner shall also not try to contact the defacto complainant and herfamily members either directly or through any electronic mode.(xi) 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]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 05.03.2025 / 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.4080 of 2025pal To1.The Judicial Magistrate No.I, Padmanabhapuram, Kanyakumari District.2.Do through the Chief Judicial Magistrate, Kanyakumari District at Nagercoil.3.The Sub-Inspector of Police, Thuckalay Police Station, Kanyakumari District.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRL OP(MD) No.4080 of 2025 05.03.2025 SL(19.03.2025)/ 6P/ 5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.6/6