High Court · 2025

CRL.OP(MD). No.5530 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 25.03.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.5530 of 20251.Manickam2.A.Esakkipandi... Petitioners /A16 and A7Vs.The State of Tamil Nadu rep byThe Inspector of Police,Eruvadi Police Station,Tirunelveli District.(Crime No.99 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.99 of 2025 on the file of the respondent-police.For Petitioners :Mr.C.Susikumar,AdvocateFor Respondent:Mr.K.Sanjai Gandhi,Government Advocate(Criminal Side)1/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5530 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioners on 21.03.2025under 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 forthe offences punishable under Sections 191(2), 329(4), 296(b), 115(2), 87, 74, 351(3) ofBNS read with Section 49 of BNS and read with Section 4 of Tamilnadu Prohibitionof Woman Harassment Act, 2002, in Crime No.99 of 2025 on the file of therespondent-police.3. The case of the prosecution is that the defacto complainant has fourdaughters. His second daughter, who aged about 24 years, has completed herM.Com. and is working in a private company at Kallikulam. Two months prior tothe occurrence, the first accused had approached the defacto complainant and askedhis second daughter, proposing marriage with his brother. Since the proposal wasrefused, on 16.03.2025, at about 9:30 a.m., all the accused persons, including thepetitioners, allegedly kidnapped his daughter. Upon witnessing the incident, thedefacto complainant and his family members attempted to rescue her. However, theaccused persons allegedly assaulted them, issued serious threats to their lives, andproceeded to kidnap her. Based on these allegations, the FIR was registered.2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5530 of 20254. Mr.C.Susikumar, the learned counsel for the petitioners, submits that thepetitioners are innocent persons and they have not committed any offence as allegedby the prosecution and a false case has been foisted against the petitioners. Hehowever 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.Sanjai Gandhi, the learned Government Advocate(Criminal Side) appearing for the respondent-police, submits that the petitionersand the defacto complainant are relatives. He further submits that the accusedpersons including the petitioners, allegedly kidnapped the daughter of the defactocomplainant. He further submits that the petitioners have been arrayed as A16 andA7. He further submits that there are no previous cases against the petitioners. Hefurther contends that if the petitioners is released on pre-arrest bail, they will againcause threat to the defacto complainant and his family. He therefore prays todismiss this Criminal 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 also3/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5530 of 2025considering the nature of the offence alleged against the petitioners and taking noteof the fact 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 togrant 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 pre-arrest bail in the event of theirarrest or in the event of their surrender before the learned Judicial Magistrate,Nanguneri, 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, Nanguneri.(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 weeklytwice i.e., on every Monday and Friday at 10.00 a.m. until further orders.(iv) The petitioners shall make themselves available for interrogation by apolice officer as and when required.4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5530 of 2025(v) 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 todissuade him from disclosing such facts to the Court or to any police officer.(vi) The petitioners shall also not, directly or indirectly, cause any threat to thedefacto complainant, his or her family members and witnesses and shall not tamperthe evidence. (vii) The petitioners shall not enter into the defacto complainant's house or hisworking place.(viii) The petitioners shall also not try to contact the defacto complainant andhis family members either directly or through any electronic mode.(ix) The petitioners shall not leave India without the previous permission ofthe Court.(x) The petitioners shall furnish their residential address and mobile numberto the concerned Magistrate.(xi) 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 conditionsare imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs.5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5530 of 2025State 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. pal To1 THE JUDICIAL MAGISTRATE,NANGUNERI.2 THE CHIEF JUDICIAL MAGISTRATETIRUNELVELI DISTRICT.3.The Inspector of Police, Eruvadi Police Station, Tirunelveli District.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-3478[I] dated 26/03/2025 )6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5530 of 2025 ORDER IN CRL OP(MD) No.5530 of 2025 Date :25/03/2025 MK/SAR /16.04.2025 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7