High Court · 2025

CRL OP(MD). No.5444 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 24.03.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.5444 of 20251.Essakkipandi2.Murugammal ... Petitioners/Accused Nos.2 and 4 VsThe State of Tamil NaduRep. by the Inspector of Police,Suthamalli Police Station,Tirunelveli.Crime No.617 of 2024 ... Respondent/Complainant For Petitioners : Mr.S.Sathya Chidambaram For Respondent : Mr.S.S.Manoj Government Advocate (Crl. Side)PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For pre-arrest bail in Crime No.617 of 2024 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 20.03.2025 under1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5444 of 2025Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant anorder of pre-arrest bail. 2. The petitioners/Accused Nos.2 and 4 apprehend arrest at the hands of therespondent-Police in Crime No.617 of 2024, wherein the offences were initiallyreferred to Section 194(3) of Bharatiya Nagarik Suraksah Sanhita, 2023, thereafter, italtered into offences punishable under Sections 191(2), 296(b), 85 and 108 of theBharatiya Nyaya Sanhita (BNS), 2023, on the file of the respondent-police.3. The case of the prosecution is that the defacto complainant's elder mother-in-law, a widow, has two daughters, including the deceased, Petchiyammal. Aftercompleting 12th standard, the deceased was working at a beauty parlor atVillupuram. In 2021, she had love affair with one Bala Chidambaram. But, the samewas warned by both families. However, they continued their relationship andmarried on 28.11.2024 in Pondicherry. Later, the defacto complainant and her mothercame to know about the marriage. Thereafter, on 08.12.2024, when Petchiyammalwent to Bala Chidambaram's house, his family members restrained her and stated herthat only after the proper marriage ceremony, she would be allowed to enter thehouse. The deceased again requested to enter the house stating that the said Bala2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5444 of 2025Chidambaram has already married her and she is his wife. Thereafter, the accusedpulled her by pushing her hair. Thereafter, she went to her house and due tohumiliation, she committed suicide by hanging. Hence, the case.4. Mr.S.Sathya Chidambaram, the learned counsel appearing for the petitioners,submits that this is the second pre-arrest bail application filed by the petitioners andthe petitioners are innocent persons and they have not committed any offence asalleged by the prosecution. He further submits that the petitioners have been falselyimplicated in this case. He further submits that A5 and A6 were granted pre-arrestbail by this Court in Crl.O.P.(MD)No.2548 of 2025 dated 14.02.2025. He furthersubmits that the petitioners are ready to abide by any conditions that may beimposed 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 the second petitioner has overt actin this case, as she pulled the hair of the deceased. He further submits that thepetitioners have no previous case. However, he submits that if pre-arrest bail isgranted, the petitioners may abscond and cause threat to the defacto complainant andother witnesses. Hence, he prays to dismiss this Criminal Original Petition.3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5444 of 20256. Heard on both sides. This Court has perused the records and the FirstInformation Report.7. As per the averments of the First Information Report, there are some overt actagainst the second petitioner/A4, as the second petitioner along with other accusedpersons, pulled the hair of the deceased. Hence, this Court is not inclined to grantpre-arrest bail to the second petitioner/A4. Hence, this petition is dismissed insofaras the second petitioner/A4 is concerned. However, as regards the firstpetitioner/A2, this petition survives.9. As per the averments of First Information Report, this Court is of the viewthat there is no overt act against the first petitioner/A2. Considering the same andconsidering the facts and circumstances of the case, and with a view to give anopportunity to the first petitioner/A2, this Court is inclined to grant an order of pre-arrest bail to the first petitioner/A2 subject to the following conditions:(i) The first petitioner/A2 shall be released on bail in the event of his arrest orin the event of his surrender before the learned Judicial Magistrate, Cheranmahadevi,Tirunelveli, within a period of 15 days from the date on which the order copy is made4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5444 of 2025ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousandonly) to the satisfaction of the learned Judicial Magistrate, Cheranmahadevi,Tirunelveli;(ii) Thereafter, the first petitioner/A2 shall appear and sign before therespondent-Police daily at 10.00 a.m., until further orders; (iii) 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, Cheranmahadevi, Tirunelveli, shallobtain a copy of any one of identity proofs to ensure their identity;(iv) The first petitioner/A2 shall furnish his residential address and mobilenumber to the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli;(v) The first petitioner/A2 shall make himself available for interrogation by apolice officer as and when required;(vi) The first petitioner/A2 shall not, directly or indirectly make anyinducement, threat or promise to any person acquainted with the facts of the case soas to dissuade him from disclosing such facts to the Court or to any police officer;(vii) The first petitioner/A2 shall not leave India without previous permissionof the Court;5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5444 of 2025(viii) The first petitioner/A2 shall not, directly or indirectly, cause any threat tothe defacto complainant and witnesses and shall not tamper the evidence;(ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate, Cheranmahadevi, Tirunelveli, or Trial Court as the case may be, isentitled to pass appropriate orders against the first petitioner in accordance with lawas if the aforementioned 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]. 10. Accordingly, this Criminal Original Petition is allowed insofar as the firstpetitioner/A2 is concerned, subject to the conditions stated supra and this CriminalOriginal Petition is dismissed insofar the second petitioner/A4 is concerned. 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 MAGISTRATECHERANMAHADEVI, TIRUNELVELI.6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5444 of 20252 DO THROUGH THE CHIEF JUDICIAL MAGISTRATETIRUNELVELI.3 THE INSPECTOR OF POLICE, SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT.4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-3389[I] dated25/03/2025 ) ORDER IN CRL OP(MD) No.5444 of 2025 Date :24/03/2025 SS/SAR- /16/04/2025/ 7P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7