High Court · 2025

CRL.OP(MD). No.4438 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 11.03.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.4438 of 20251.M.Muthu2.Jeyakumar... Petitioners/A1 & A2Vs.The State of Tamil Nadu,rep by the Inspector of Police,Chinnamanur Police Station,Theni District.Crime No.28 of 2025... Respondent /ComplainantFor Petitioner :Ms.B.BhuvaneshvariFor Respondent:Mr.K.Shaji BinoGovernment Advocate (crl.side)PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Crime No.28 of 2025 on the file of the respondent-Police.ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 06.03.20251/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4438 of 2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioners apprehend arrest at the hands of the respondent- police forthe offences punishable under Sections 191(2), 191(3), 296(b), 118(2) and 351(3) ofBNS, 2023, in Crime No.28 of 2025 on the file of the respondent-police.3. The case of the prosecution is that the defacto complainant, one of hisrelatives named Karthick, and their friends used to visit a farm garden belonging toone Chinnasamy to consume alcohol. On 21.01.2025, the defacto complainant and thesaid Karthick, as usual, went to the spot, consumed alcohol, and were waiting fortheir friends. At that time, the petitioner and other accused persons arrived there alsofor consuming alcohol. When the owner of the said farm and Karthick questionedthem, the first accused beat Karthick on his leg with a stone. The second accusedattacked Karthick on his head with a beer bottle. All the other accused personsattacked Karthick with wooden sticks. When the defacto complainant tried to defendhim, the accused persons caused injuries to the defacto complainant. The de factocomplainant hide nearby. Thereafter, the first accused poured petrol over Karthick.Upon seeing their friends approaching, the accused persons criminally intimidatedthem and fled the spot. Thereafter, the said Karthick was admitted in the hospital.Hence, the case.2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4438 of 20254. Mrs.B.Bhuvaneshvari, the learned counsel appearing for the petitioners,submits that the petitioners did not commit any offence as alleged by the prosecutionand that they have been falsely implicated in this case. She further submits that, infact, the said Karthick used to sell and consume ganja, and that on the particular day,the petitioners went to the place to consume alcohol. The said Karthick, in anintoxicated condition due to consuming ganja, quarrelled with the petitioners andattacked them with wooden logs with the help of the defacto complainant. Only tosave the petitioners, the other accused persons came to the spot. However, thedefacto complainant has lodged a false complaint, alleging that the petitioners andtheir friends attacked the said Karthick. She however submits that the petitioners areready to abide by any conditions that may be imposed by this Court. She thereforeprays to grant pre-arrest bail to the petitioners.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side)appearing for the respondent-police, submits that the petitioners and other accusedpersons attacked the said Karthick severely. He further submits that the injuredvictim, namely, Karthick was admitted in the hospital on 21.01.2025 and dischargedon 26.01.2025 and another victim was treated as an outpatient. He further submitsthat the petitioners have one previous case. Hence, he prays to dismiss this Criminal3/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4438 of 2025Original Petition.6. Heard on both sides. This Court has perused the records.7. In this case, there are two victims. One of the victims, namely, Karthick wasadmitted in the hospital on 21.01.2025 and discharged on 26.01.2025. Another victimwas treated as an outpatient. The petitioner has permanent residence and deep rootsin the society. Therefore, there is less possibility of absconding. Considering thesame and also considering the nature of the offence levelled against the petitioners,and with a view to give an opportunity to the petitioner to reform himself, this Courtis of the opinion that the custodial interrogation of the petitioners is not necessary.Hence, this Court is inclined to grant pre-arrest bail to the petitioners. Accordingly,pre-arrest bail is granted to the petitioners subject to the following 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 Judicial Magistrate,Uthamapalayam, within a period of 15 days from the date on which the order copy ismade ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousandonly) each along with two sureties each for a like sum of Rs.10,000/- (Rupees TenThousand only) to the satisfaction of the learned Judicial Magistrate,Uthamapayalam.(ii) The sureties shall affix their photographs and left thumb impression in the4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4438 of 2025Application 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 appear and sign before the Odaipatti Police Station,daily at 10.00 am., until further orders. The petitioners shall appear before therespondent-police whenever the respondent-police call for interrogation; (iv) The petitioners shall make themselves available for interrogation by therespondent-police 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 indirectly, cause any threat to thedefacto complainant and witnesses and shall not 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.(ix) The petitioners shall not enter into the defacto complainant's residence andthe work place;5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4438 of 2025(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. State ofKerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 11/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. RMKTO1 THE JUDICIAL MAGISTRATEUTHAMAPALAYAM.2 DO-THROUGHTHE CHIEF JUDICIAL MAGISTRATE,THENI DISTRICT.3 THE INSPECTOR OF POLICE, CHINNAMANUR POLICE STATION, THENI DISTRICT.6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.4438 of 20254 THE INSPECTOR OF POLICEODAIPATTI POLICE STATION, THENI DISTRICT.5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.GANESAN LEGIST LAW FIRM Advocate SR.No.2652[I]dated12/03/2025 in CRL OP.(MD) 1729 / 2025) ORDER IN CRL OP(MD) No.4438 of 2025 Date :11/03/2025 HPS/SAR / 04.04.2025/7P/7CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 7/7