High Court · 2025

CRL.OP(MD). No.5092 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 26.03.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.5092 of 20251.Manikankandan2.R.Elangovan3.Saravanan Lingasamy4.Selvamurugan Pandiyan5.Pattatharasan6.Ajith Kumar7.Deiyam... Petitioners / Accused Nos.1 to 7Vs.The State of Tamil Nadu rep byThe Sub-Inspector of Police,Kadamalai Kundu Police Station,Theni District.(Crime No.33 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 thepetitioners in Crime No.33 of 2025 on the file of the respondent-police.For Petitioners :Mr.S.Ramasamy,AdvocateFor Respondent:Mr.K.Sanaji Gandhi,Government Advocate(Criminal Side)1/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5092 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioners on 18.03.2025under 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 for theoffences punishable under Sections 191(2), 329(3), 296(b), 351(2), 324(4) and 303 ofBNS, 2023, in Crime No.33 of 2025 on the file of the respondent-police.3. The case of the prosecution is that on 22.02.2025, the Sub-Inspector of Policereceived a complaint from one R.Kannan, who is employed in managing theagricultural land of his employer, Justin Joseph, at Kadamalai Kundu, Theni District.According to the defacto complaint, on the same day at around 11:00 a.m., the firstpetitioner, along with his brother and ten others, allegedly trespassed onto the landand obstructed the work being carried out by the labourers. It is further alleged thatthe petitioners verbally abused the workers using filthy language and issued threats.At approximately 1:30 p.m. on 22.02.2025, the defacto complainant was informed ofthe incident. Upon reaching the land, he allegedly found that a CCTV camera worthRs.50,000/- had been damaged and that tender coconuts worth Rs.50,000/- had beenstolen. Additionally, the accused were allegedly in possession of lethal weapons suchas knives and sticks. Hence, the case.2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5092 of 20254. Mr.S.Ramasamy, the learned counsel for the petitioners, submits that the firstpetitioner entered into an oral agreement with one Justin Joseph for the purchase ofagricultural land and paid an advance amount of Rs.5,00,000/-. Upon payment, thefirst petitioner took possession of the land and invested nearly Rs.80 lakhs indeveloping a water source on the property. Subsequently, Justin Joseph begandisturbing the first petitioner’s possession of the land. As a result, the first petitionerfiled a civil suit in O.S. No. 94 of 2021 before the District Munsif Court, Andipatti,seeking a permanent injunction. The suit is still pending adjudication. Meanwhile,Justin Joseph and his associates lodged a false complaint against the first petitionerand others at Kadamalai Kundu Police Station, leading to the registration of CrimeNo. 492 of 2021, dated 01.12.2021, for alleged offences under Sections 147, 148, 448,342, 294(b), 427, and 506(ii) of the IPC. The petitioners further state that, in additionto Crime No. 33 of 2025, another case, Crime No. 38 of 2025, was registered againstthem on 03.03.2025 for alleged offences under Sections 191(2), 329(3), 296(b), 126(2),and 351(2) of the Bharatiya Nyaya Sanhita, 2023—all of which are bailable offences.This clearly reveals the real intention behind fabricating cases against the petitionersusing political and financial influence. The petitioners assert that, since a civil case ispending between the first petitioner and Justin Joseph, a false criminal case has beenfabricated to give the civil dispute a criminal colour. He further submits that the3/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5092 of 2025petitioners are innocent persons and they have not committed any offence as allegedby the prosecution and a false case has been foisted against the petitioners. He,however, submits that the petitioners are ready to abide by any conditions to beimposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail tothe petitioners.5. Per contra, Mr.K.Sanaji Gandhi, the learned Government Advocate (CriminalSide) appearing for the respondent-police, submits that the petitioners have beenarrayed as Accused Nos.1 to 7. He further submits that there was a property disputebetween the defacto complainant and the accused persons. Hence, custodialinterrogation of the petitioners is necessary to unearth the truth. He further contendsthat if pre-arrest bail is granted to the petitioners, they will cause threat to the defactocomplainant and tamper with the evidence. Accordingly, he prays to dismiss thisCriminal Original Petition. 6. Heard on both sides. This Court has perused the records. 7. The petitioners have permanent residence and deep roots in the society.Hence, there is less possibility of absconding. Considering the same and alsoconsidering the nature of the offence allegedly committed by the petitioners andtaking note that there are no previous cases against the petitioners and with a view togive an opportunity to the petitioners to reform themselves, this Court is inclined to4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5092 of 2025grant pre-arrest bail to the petitioners. Accordingly, pre-arrest bail is granted to thepetitioners 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, Andipatti, 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, Andipatti.(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 petitioners shall appear and sign before the respondent-police daily at10.00 a.m., until further orders.(iv) The petitioners shall make themselves available for interrogation by apolice officer 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.5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5092 of 2025(vi) The petitioners shall also 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 not enter into the defacto complainant's house orhis/her work place.(ix) The petitioners shall furnish their residential address and mobile number tothe concerned Magistrate.(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. Stateof Kerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 26/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. 6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5092 of 2025pal To1.The Judicial Magistrate, Andipatti.2. The Chief Judicial Magistrate,Andipatti.3.The Sub-Inspector of Police, Kadamalai Kundu Police Station, Theni District.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1. CC to M/S.RAMASAMY.S Advocate SR.No.3666(I) DT.28.3.2025 ORDER IN CRL OP(MD) No.5092 of 2025 Date :26/03/2025PP/SAR. /30.04.2025/7P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 7/7