High Court · 2025

CRL OP (MD) No.4697 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 24/03/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.4697 of 2025Amrish,S/o. Murugan,No.11, Selvavinayagar Kovil Street,Prasanna Colony,Madurai. ... Petitioner/Sole Accused VsThe State of Tamil Nadu,Rep. by the Inspector of Police,Avaniyapuram Police Station,Avaniyapuram,Madurai.Crime No. 48 of 2025 ... Respondent/ComplainantT.Rajeshkannan... Petitioner/Intervenerin CRL MP(MD)No.3628 of 2025in CRL OP(MD)No.4697 of 20251/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4697 of 2025 For Petitioner : Mr.R.Vignesh, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) For Intervener : Mr.K.R.Manimaran, AdvocatePETITION FOR BAIL Under Sec.483 of BNSS, 2023.PRAYER :- For Bail in Crime No.48 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 petitioner on 11.03.2025under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/sole accused was arrested and remanded to judicial custodyon 21.01.2025 for the offences punishable under Sections 296(b), 115(2), 118(1), 78, 232and 351(3) of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment ofWomen Act, 2002 in Crime No.48 of 2025, on the file of the respondent-Police. 3. The case of the prosecution is that the petitioner was in one-sided love with2/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4697 of 2025the sister of the defacto complainant and frequently disturbed her. When the samewas questioned by the defacto complainant, on 08.12.2024, the petitioner and hisfriend assaulted the defacto complainant, causing a head injury. Consequently, anFIR was registered in Crime No.834 of 2024. Subsequently, the petitioner was arrestedand remanded to judicial custody on 12.12.2024 and was later released on bail on11.01.2025. After his release from jail, the petitioner posted some photos of himselfand the sister of the defacto complainant on a social media platform. Thereafter, on21.01.2025, at about 08:00 p.m., the petitioner went to the house of the defactocomplainant, assaulted him on his legs, and threatened his father and mother. Hence,the complaint.4. Mr.R.Vignesh, learned counsel appearing for the petitioner, submits that thepetitioner has not committed any offence as alleged by the prosecution and that afalse case has been foisted against the petitioner. He further submits that thepetitioner has been in judicial custody since 21.01.2025 and is ready to abide by anyconditions that may be imposed by this Court. Therefore, he prays for granting bail tothe petitioner.5. Per contra, Mr.K.Sanjai Gandhi, learned counsel appearing for the3/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4697 of 2025respondent-police, submits that the investigation has been completed, and the chargesheet has been filed through E-filing before the concerned Court. He further submitsthat if bail is granted to the petitioner, he may abscond and thereby cause a delay tothe trial proceedings. He further submits that if bail is granted to the petitioner, hemay cause threat to the defacto complainant and the witnesses. Hence, he stronglyopposes to grant bail to the petitioner.6. Mr.K.R.Manimaran, learned counsel appearing for the intervener, submitsthat if bail is granted to the petitioner, he may cause threat to the defacto complainantand his family members and again, he will disturb the sister of the defactocomplainant. He further submits that the defacto complainant sustained grievousinjuries on his legs. Hence, he vehemently opposes to grant bail to the petitioner.7. Heard on both sides. This Court has perused the case file.8. The petitioner has permanent residence and deep roots in the society, andhence, there is less possibility of absconding. Considering the same, and alsoconsidering the period of incarceration, and taking note of the fact that the chargesheet has been filed before the concerned Court through E-filing, and with a view to4/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4697 of 2025give one more opportunity to the petitioner to reform himself, this Court is inclinedto grant bail to the petitioner, however, subject to certain conditions. Accordingly,bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty FiveThousand only) along with two sureties each for a like sum of Rs.25,000/- (RupeesTwenty Five Thousand only) to the satisfaction of the learned Judicial MagistrateNo.VI, Madurai;(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.VI, Madurai, shall obtain a copyof any one of identity proofs to ensure their identity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned Judicial Magistrate No.VI, Madurai;(iv) The petitioner shall appear and sign before the respondent-police dailytwice at 10.30 a.m., and 05.00 p.m., until further orders;5/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4697 of 2025(v) The petitioner should not enter into Nilakottai and Vathalagundu withoutprior permission from the learned Judicial Magistrate No.VI, Madurai;(vi) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(vii) The petitioner shall not commit an offence similar to the offence of he isaccused, or suspected, of the commission of which he is suspected;(viii) 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 or tamper with theevidence;(ix) The petitioner shall not, directly or indirectly, cause any threat to thedefacto complainant, his sister, and witnesses; (x) The petitioner shall not, directly or indirectly contact the defacto6/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4697 of 2025complainant or his family members through his men, or agent or any other electronicmode; and(xi) On breach of any of the aforementioned conditions, learned JudicialMagistrate No.VI, Madurai, is entitled to pass appropriate orders against thepetitioner in accordance with law as if the aforementioned conditions are imposed byhim as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala[(2005) 13 SCC 283].9. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 24/03/2025 / TRUE COPY / 24/03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023. TSGTO1 THE JUDICIAL MAGISTRATE VIMADURAI7/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4697 of 20252 DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.3 THE SUPERINTENDENT,CENTRAL JAIL, MADURAI.4 THE INSPECTOR OF POLICE,AVANIYAPURAM POLICE STATION,AVANIYAPURAM,MADURAI.5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.R.VIGNESH, Advocate ( SR-3336[I] dated 24/03/2025 ) ORDER IN CRL OP(MD) No.4697 of 2025 Date :24/03/2025 SS/SAR- /24/03/2025/ 8P/7CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8