High Court · 2025

CRL OP(MD). No.4525 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 24.03.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.4525 of 2025Kamatchi ... Petitioner/Accused No.3 VsThe State of Tamil NaduRep. by the Inspector of Police,Sivakasi Town Police Station,Virudhunagar District.Crime No.153 of 2023 ... Respondent/Complainant For Petitioner : Mr.J.Yogeswaran Advocate For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side)PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For pre-arrest bail in Crime No.153 of 2023 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.4525 of 2025 This Criminal Original Petition has been filed by the petitioner on 07.03.2025 underSection 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant anorder of pre-arrest bail. 2. The petitioner/Accused No.3 apprehends arrest at the hands of therespondent-police for the offences punishable under Section 67 of InformationTechnology Act, 2000 and Section 506(1) of IPC, 1860 in Crime No.153 of 2023 on thefile of the respondent-police. 3. The case of the prosecution is that the defacto complainant was theVirudhunagar District Organiser of a political party. Since one Jotheeswaran wasselling banned lottery tickets through whatsapp, the petitioner posted a commentagainst the said Jotheeswaran, due to which the petitioner was expelled from theparty. One Manimaran/A1 posted a comment that the petitioner should not beallowed to rejoin into the party. Hence, the defacto complainant sent a whatappmessage to the said Manimaran/A1, against which on 16.04.2023, at about 9.53 p.m.,the other accused persons abused the defacto complainant over phone andthreatened him with dire consequences. Hence, this case. 4. Mr.J.Yogeswaran, the learned counsel appearing for the petitioner, submitsthat the petitioner is an innocent person and that he has not committed any offence asalleged by the prosecution. He further submits that the petitioner has been falsely2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4525 of 2025implicated in this case. He further submits that as directed by this Court vide order,dated 11.03.2025, the petitioner was present before the respondent-police and gave astatement on 24.03.2025. He further submits that due to the instigation of A1, otheraccused persons threatened the defacto complainant and that the Trial Court grantedper-arrest bail to A1. He further submits that A2 was also arrested and released onbail. He further submits that the petitioner is ready to abide by any conditions thatmay be imposed by this Court. Hence, he prays for grant of pre-arrest bail to thepetitioner.5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Crl.Side)appearing for the respondent-Police, on instructions, submits that the petitionerappeared before the respondent-police on 24.03.2025 and gave a statement. Hefurther submits that A1 was granted pre-arrest bail by the Trial Court and A2 wasalso arrested and released on bail. He further submits that the petitioner has oneprevious case, which is not similar in nature. He however submits that if pre-arrestbail is granted to the petitioner, he may commit similar type of offence and causethreat to the defacto complainant. Hence, he prays to dismiss this Criminal OriginalPetition.6. Heard on both sides. This Court has perused the records.7. A1 was granted pre-arrest bail by the Trial Court. A2 was also arrested and3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4525 of 2025released on bail. As directed by this Court, the petitioner appeared before therespondent-police and gave a statement on 24.03.2025. Hence, the custodialinterrogation of the petitioner is not necessary for the Investigation Agency in thiscase. Considering the same and also considering the nature of the offence allegedlycommitted by the petitioner, and with a view to give an opportunity to the petitionerto reform 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 bail in the event of his arrest or in theevent of his surrender before the learned Judicial Magistrate No.I, Sivakasi, within aperiod of 15 days from the date on which the order copy is made ready, on executinga bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two suretieseach for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction ofthe learned Judicial Magistrate No.I, Sivakasi;(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 No.I, Sivakasi shall obtain a copy ofany one of identity proofs to ensure their identity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned Judicial Magistrate No.I, Sivakasi;4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4525 of 2025(iv) The petitioner shall appear and sign before the respondent-Police daily at10.00 a.m., until further orders; (v) The petitioner shall make himself available for interrogation by a policeofficer as and when required;(vi) 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;(vii) The petitioner shall not leave India without previous permission of theCourt;(viii) The petitioner shall not, directly or indirectly, cause any threat to thedefacto-complainant and witnesses and shall not tamper the evidence; (ix) The petitioner shall not contact the defacto complainant or his familymembers directly or through electronic mode; and(x) On breach of any of the aforementioned conditions, the learned JudicialMagistrate No.I, Sivakasi, or Trial Court as the case may be, is entitled to passappropriate orders against the petitioner in accordance with law as if theaforementioned 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].5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4525 of 20258. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 24/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. APDTO1 THE JUDICIAL MAGISTRATE NO.ISIVAKASI.2 DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT @ SRIVILLIPUTHUR.3 THE INSPECTOR OF POLICESIVAKASI TOWN POLICE STATION,VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.4525 of 2025 Date :24/03/2025 HPS/SAR / 23.04.2025/6P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 6/6