High Court · 2025

CRL.OP(MD). No.6108 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 08.04.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.6108 of 2025Eswari... Petitioner / Accused Rank Not KnownVs.The State of Tamil Nadu rep byThe Inspector of Police,Thallakulam Police Station,Madurai District.(Crime No.191 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 thepetitioner in Crime No.191 of 2025 on the file of the respondent police.For Petitioner :Mr.A.Abul Hasan,AdvocateFor Respondent:Mr.S.S.Manoj,Government Advocate(Criminal Side)ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 01.04.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioner apprehends arrest at the hands of the respondent-police forthe offences punishable under Sections 191(2), 296(b), 115(2), 351(2), 303(2), 49 of1/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6108 of 2025BNS, 2023, in Crime No.191 of 2025 on the file of the respondent-police.3. The case of the prosecution is that there was a dispute between the defactocomplainant's father and the petitioner regarding a payment in a self-help group.On 05.02.2025, a verbal altercation occurred between the defacto complainant'sparents, the petitioner and other persons, which was recorded by the defactocomplainant. When Eswari asked the defacto complainant to delete the video, herefused. Out of vengeance, on 06.02.2025, at about 09:40 p.m., while the defactocomplainant was at his house, seven unknown accused persons arrived and handedhim a phone, asking him to speak with the petitioner's son. Over the phone, thepetitioner's son threatened the defacto complainant, demanding that he delete thevideo, abused him in filthy language, and then asked him to pass the phone to theother accused persons. Upon receiving the phone, the other accused personsattacked the defacto complainant. During the incident, his four grams of goldjewelry, worth approximately Rs.30,000/-, went missing. Some of the accusedattempted to attack him with a sword, but upon noticing the presence of CCTVcameras and the arrival of neighbors, they fled the scene.4. Mr.A.Abul Hasan, the learned counsel for the petitioner, submits that thepetitioner is an innocent person and she has not committed any offence as allegedby the prosecution. He further submits that the petitioner has been falsely2/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6108 of 2025implicated in this case. Hence, the learned counsel submits that the petitioner is alsoready to abide by any conditions to be imposed by this Court. Accordingly, he praysto grant an order of pre-arrest bail to the petitioner.5. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Criminal Side)appearing for the respondent-police, submits that the petitioner herein threatenedthe defacto complainant with dire consequences. He further submits that if prearrestbail is granted to the petitioner, she may cause threat to the defacto complainant andthe witnesses. Hence, he vehemently opposes the grant of pre-arrest bail to thepetitioner. 6. Heard on both sides. This Court has perused the records. 7. The petitioner has permanent residence and deep roots in the society andtherefore, there is less possibility of absconding. Considering the facts andcircumstances of the case and with a view to give an opportunity to the petitioner toreform himself, this Court is inclined to grant an order of pre-arrest bail to thepetitioner subject to the following conditions: (i) The petitioner shall be released on pre-arrest bail in the event of her arrestor in the event of her surrender before the learned Judicial Magistrate No.II,Madurai, within a period of 15 days from the date on which the order copy is madeready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)3/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6108 of 2025along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousandonly) to the satisfaction of the learned Judicial Magistrate No.II, Madurai.(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 petitioner shall appear and sign before the respondent-police weeklytwice (i.e., on Monday and Friday) at 10.00 a.m., until further orders.(iv) The petitioner shall deposit a sum of Rs.30,000/- (Rupees Thirty Thousandonly) to the credit of Crime No.191 of 2025 on the file of the respondent-police,before the learned Judicial Magistrate No.II, Madurai. In turn, the learned JudicialMagistrate shall deposit the said amount in an interest bearing fixed deposit in anationalized Bank initially for a period of one year and renew them periodicallyuntil the final order / judgment is passed in the case in Crime No.191 of 2025. Thelearned Judicial Magistrate and Trial Court shall pass orders qua entitlement of thesaid amount in its final order / judgment (v) The petitioner shall make herself available for interrogation by a policeofficer as and when required.(vi) The petitioner shall not, directly or indirectly, make any inducement,4/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6108 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 petitioner shall also not, directly or indirectly, cause any threat to thedefacto complainant and also witnesses and shall not tamper the evidence.(viii) The petitioner shall not leave India without the previous permission ofthe Court.(ix) The petitioner shall furnish her 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 petitioner 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/- 08/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023. 5/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6108 of 2025palTO1 THE JUDICIAL MAGISTRATE NO. II, MADURAI.2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.3 THE INSPECTOR OF POLICE,THALLAKULAM POLICE STATION, MADURAI DISTRICT.4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRASHIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.6108 of 2025 Date :08/04/2025 NBF/SAR /30.04.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6