High Court · 2025

CRL OP(MD). No.5457 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 25/03/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.5457 of 20251. Ramya,D/o.Nagaraj,Kaliyamman Kovil Street, Erumalainayakkanpatti, Periyakulam, D.Vadipatti, Theni District.2. Parvathi,W/o.Nagaraj,Kaliyamman Kovil Street, Erumalainayakkanpatti, Periyakulam, D.Vadipatti, Theni District.3. Manikandan,S/o.Nagaraj,Kaliyamman Kovil Street, Erumalainayakkanpatti, Periyakulam,D.Vadipatti, Theni District.4. Annakodi,S/o.Murugamalai,Erumalainayakkanpatti,Periyakulam,D.Vadipatti,Theni District. ... Petitioners/Accused Nos.1 to 41/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5457 of 2025 VsThe State of Tamilnadu,Rep by the Inspector of Police,Jeyamangalam Police Station,Theni District.Crime No.53 of 2025 ... Respondent/Complainant For Petitioners : Mr.Vikram S, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Crime No.53 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 21.03.2025 underSection 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grantan order of pre-arrest bail.2. The petitioners apprehend arrest at the hands of the respondent-police for theoffences punishable under Sections 296(b) and 118(1) of the Bharatiya Nyaya Sanhita2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5457 of 2025(BNS), 2023 in Crime No.53 of 2025 on the file of the respondent-police.3. The case of the prosecution is that on 12.03.2025, at about 08.00 a.m., whenthe mobile phone and Rs.5,000 belonging to the defacto complainant's daughter wentmissing, she came to know that the accused persons had stolen them. When thedefacto complainant questioned them about it, the petitioners attacked her withstones and wooden logs, thereby causing bleeding injuries. They also threatened thedefacto complainant with dire consequences. Hence, the complaint.4. Mr.S.Vikram, the learned counsel for the petitioners, submits that thepetitioners are innocent persons, and that they have not committed any offence asalleged by the prosecution, and that they have been falsely implicated in this case.He, however, submits that the petitioners are ready to abide by any conditions to beimposed by this Court. He further submits that the petitioners and the defactocomplainant are neighbours. Accordingly, he prays to grant an order of pre-arrestbail to the petitioners.5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (CriminalSide) appearing for the respondent-police, submits that due to the wordy quarrel3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5457 of 2025arose between the petitioners and the defacto complainant regarding the theft of thedefacto complainant's daughter mobile phone and cash, the petitioners hereinattacked the defacto complainant with stones and wooden logs and that due toinjuries the defacto complainant was admitted in the hospital on 17.03.2025 anddischarged on 19.03.2025. He further submits that there is no previous case pendingagainst the petitioners. However, he prays to dismiss this Criminal Original Petition. 6. Heard on both sides. This Court has perused the records. 7. In view of the nature of the offence allegedly committed by the petitioners,and considering the fact that the petitioners and the defacto complainant areneighbours, this Court is of the view that the custodial interrogation of the petitionersis not necessary for the investigating agency in this case. Considering the same andalso considering the fact that the petitioners have permanent residence and deeproots in the society, and therefore, there is less possibility of absconding, and takingnote of the fact that there are no previous cases against the petitioners, and also witha view to give an opportunity to the petitioners to reform themselves, this Court isinclined to grant pre-arrest bail to the petitioners. Accordingly, pre-arrest bail isgranted to the petitioners subject to the following conditions: 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5457 of 2025(i) The petitioners shall be released on pre-arrest bail in the event of their arrestor in the event of their surrender before the learned Judicial Magistrate, Periyakulam,Theni District, within a period of 15 days from the date on which the order copy ismade ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousandonly) each along with two sureties each for a like sum of Rs.10,000/- (Rupees TenThousand only) to the satisfaction of the learned Judicial Magistrate, Periyakulam,Theni District;(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, Periyakulam, Theni District, shallobtain a copy of any one of identity 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 cause threat to the defactocomplainant, her daughter and the witnesses and shall not tamper the evidence;(vi) The petitioners shall not, directly or indirectly, make any inducement,5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5457 of 2025threat or promise to any person acquainted with the facts of the case so as todissuade him from disclosing such facts to the Court or to any police officer;(vii) The petitioners shall not leave India without the previous permission ofthe Court;(viii) The petitioners shall furnish their residential address and mobile numberto the learned Judicial Magistrate, Periyakulam, Theni District;(ix) The petitioners shall not enter into the defacto complainant's house andwork place; and (x) On breach of any of the aforementioned conditions, the learned JudicialMagistrate, Periyakulam, Theni District or Trial Court, as the case may be, is entitledto pass appropriate orders against the petitioners in accordance with law as if theaforementioned conditions are imposed by him as laid down by the Hon'ble SupremeCourt in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 25/03/2025 / 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.5457 of 2025 TSGTO1 THE JUDICIAL MAGISTRATEPERIYAKULAM, THENI DISTRICT.2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATETHENI DISTRICT.3 THE INSPECTOR OF POLICE,JEYAMANGALAM POLICE STATION,THENI DISTRICT.4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.VIKRAM, Advocate ( SR-3433[I] dated 26/03/2025 ) ORDER IN CRL OP(MD) No.5457 of 2025 Date :25/03/2025 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