High Court · 2025

CRL OP(MD). No.4616 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 24.03.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.4616 of 2025andCRL MP(MD) No.3679 of 20251.Kannan2.Sakthivel3.Manoharan ... Petitioners/Accused Nos.1 to 3 VsThe State of Tamil NaduRep. by the Inspector of Police,Kattuputhur Police Station,Trichy.Crime No.52 of 2025 ... Respondent/Complainant For Petitioner : Mr.V.Vishnu For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) For Intervenor: Mr.M.YesudasanPETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :-1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4616 of 2025 For pre-arrest bail in Crime No.52 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 10.03.2025 underSection 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant anorder of pre-arrest bail. 2. The petitioners/Accused Nos.1 to 3 apprehend arrest at the hands of therespondent-Police for the offences punishable under Sections 296(b), 118(1) and 351(3) of the Bharatiya Nyaya Sanhita (BNS) 2023 r/w Section 4 of the Tamil NaduProhibition of Harassment of Women Act, 2002 in Crime No.52 of 2025, on the file ofthe respondent-police.3. The case of the prosecution is that on 06.03.2025, during the temple festival,due to previous enmity, the petitioners entered into the land of the defactocomplainant. A1 pulled the hair of the defacto complainant, attacked him and causedinjury in his left elbow. A2 attacked him with hands. Hence, the case and the countercase has been registered. 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4616 of 20254. Mr.V.Vishnu, the learned counsel appearing for the petitioners, submits thatthe petitioners are innocent persons and they have not committed any offence asalleged by the prosecution. He further submits that the defacto complainant and thepetitioners are relatives and due to the dispute over the property among them, thepetitioners have been falsely implicated in this case. He further submits that thepetitioners are ready to abide by any conditions that may be imposed by this Court.Hence, he prays for grant of pre-arrest bail to the petitioners.5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Crl.Side)appearing for the respondent-Police, submits that totally four persons were injured.All the injured were admitted in the hospital on 07.03.2025 out of which three personswere discharged from the hospital on 08.03.2025 and one person was discharged on14.03.2025. He further submits that the petitioners have no previous cases. He furthersubmits that if pre-arrest bail is granted, the petitioners may indulge similar type ofoffence and may threat the defacto complainant. Hence, he prays to dismiss thisCriminal Original Petition.6. Mr.M.Yesudasan, learned counsel for the intervener submits that when thedefacto complainant was residing at home, the accused persons had come to the3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4616 of 2025house and asked electricity connections and same was objected by defactocomplainant for which accused assaulted him and his family members. Accordingly,he prays to dismiss this Criminal Original Petition.7. Heard on both sides. This Court has perused the records.8. The petitioners have no previous case. The injured were discharged from thehospital. The petitioners have permanent residence and deep roots in the society.Hence, there is less possibility of absconding. Considering the same and consideringthe facts that the petitioners and the defacto-complainant are relatives and residing atsame locality and this is a case in counter, and with a view to give an opportunity tothe petitioners to reform themselves, this Court is inclined to grant an order of pre-arrest bail to the petitioners subject to the following conditions:(i) The petitioners shall be released on bail in the event of their arrest or in theevent of their surrender before the learned Judicial Magistrate, Thottiam, 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) each along with twosureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to thesatisfaction of the learned Judicial Magistrate, Thottiam;4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4616 of 2025(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, Thottiam shall obtain a copy of anyone of identity proofs to ensure their identity;(iii) The petitioners shall furnish their residential address and mobile number tothe learned Judicial Magistrate, Thottiam;(iv) Thereafter, the petitioners shall stay at Perambalur and appear and signbefore the Perambalur Police Station, Perambalur daily at 10.00 a.m. and 5.00 p.m.,until further orders; (v) The petitioners shall make themselves available for interrogation by a policeofficer as and when required;(vi) The petitioners shall not contact the defacto complainant and his familymembers directly or through electronic mode;(vii) The petitioner shall not enter into the house or workplace of the defactocomplainant;(viii) The petitioners shall not, directly or indirectly make any inducement,threat or promise to any person acquainted with the facts of the case so as to dissuadehim from disclosing such facts to the Court or to any police officer;(ix) The petitioners shall not leave India without previous permission of the5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4616 of 2025Court;(x) The petitioners shall not, directly or indirectly, cause any threat to thedefacto complainant and witnesses and shall not tamper the evidence; and(ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate, Thottiam, or Trial Court as the case may be, is entitled to passappropriate orders against the petitioners 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].9. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. Consequently, connected miscellaneous petition is closed. 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 MAGISTRATETHOTTIAM.6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4616 of 20252 DO THROUGHTHE CHIEF JUDICIAL MAGISTRATE,TRICHY.3 THE INSPECTOR OF POLICEKATTUPUTHUR POLICE STATION, TRICHY DISTRICT. 4 THE INSPECTOR OF POLICEPERAMBALUR POLICE STATION,PERAMBALUR.5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.4616 of 2025 Date :24/03/2025 HPS/SAR / 23.04.2025/7P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 7/7