High Court · 2025

CRL.OP(MD). Nos.6097 and 6433 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 09.04.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). Nos.6097 and 6433 of 20251.Arumugam2.M.Sudalaikannan3.Vanumamalai4.Maharaja5.Sundarapandi6.Maharajan... Petitioners / AccusedRank Not Knownin Crl.OP(MD).No.6097 of 2025Arulnambi... Petitioner / AccusedRank Not Knownin Crl.OP(MD).No.6433 of 2025Vs.The State of Tamil Nadu rep byThe Inspector of Police,Eruvadi Police Station,Tirunelveli District.(Crime No.99 of 2025)... Respondent / Complainantin both casesCOMMON PRAYER :- The Criminal Original Petitions filed under Section 482 of1/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). Nos.6097 and 6433 of 2025 the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrestbail to the petitioners in Crime No.99 of 2025 on the file of the respondent-police.For Petitioners :Mr.C.Susikumar,(in both cases)AdvocateFor Respondent:Mr.K.Sanjai Gandhi,(in both cases)Government Advocate(Criminal Side)COMMON ORDER : The Court made the following order :-These Criminal Original Petitions have been filed by the petitioners on01.04.2025 and 03.04.2025 under Section 482 of the Bharatiya Nagarik SurakshaSanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.2. The petitioners in both cases apprehend arrest at the hands of therespondent-police for the offences punishable under Sections 191(2), 329(4), 296(b),115(2), 87, 74, 351(3) of BNS, 2023, read with Section 49 of BNS and Section 4 ofTamilnadu Prohibition of Woman Harassment Act, 2002, in Crime No.99 of 2025 onthe file of the respondent-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 his second daughter, proposingmarriage with his brother. Since the proposal was refused, on 16.03.2025, at about2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). Nos.6097 and 6433 of 2025 9:30 a.m., all the accused persons, including the petitioners, kidnapped his daughterin a car. Upon witnessing the incident, the defacto complainant and his familymembers attempted to rescue her. However, the accused persons assaulted them,issued serious threats to their lives, and proceeded to kidnap her. Hence, thecomplaint.4. 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 that a false case has been foisted against the petitioners. Hehowever submits that the petitioners are ready to abide by any conditions that maybe imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bailto the 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 kidnapped the daughter of the defactocomplainant. He further submits that there are no previous cases against thepetitioners. He further contends that if the petitioners are released on pre-arrest bail,they will again cause threat to the defacto complainant and his family members. Hetherefore prays to dismiss this Criminal Original Petition. 3/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). Nos.6097 and 6433 of 2025 6. Heard on both sides. This Court has perused the records. 7. Considering the nature of the offence allegedly committed by the petitionersand the petitioners have permanent residence and deep roots in the society. Hence,there is less possibility of absconding. Considering the same and also taking note ofthe fact that the petitioners and the defacto complainant are relatives, this Court isof the opinion that custodial interrogation of the petitioners in this case is notnecessary for the investigation agency. Further taking note of the fact that now, thegirl is secured and she is under the care and custody of the parents and there are noprevious cases against the petitioners and with a view to give an opportunity to thepetitioners to reform themselves, this Court is inclined to grant pre-arrest bail to thepetitioners. Accordingly, pre-arrest bail is granted to the petitioners subject to thefollowing 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 the4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). Nos.6097 and 6433 of 2025 Application 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.(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 family members and witnesses and shall not tamper theevidence. (vii) The petitioners shall not enter into the defacto complainant's house or hiswork 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.5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). Nos.6097 and 6433 of 2025 (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.State of Kerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. Sd/-09/04/2025// True Copy // / /2025Sub Assistant Registrar(CS - I/II/III/IV)Madurai Bench of Madras High Court,Madurai.pal To1.The Judicial Magistrate, Nanguneri.2.Do Through The Chief Judicial Magistrate, Tirunelveli.6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). Nos.6097 and 6433 of 2025 3.The Inspector of Police, Eruvadi Police Station, Tirunelveli District.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+2 CC to M/s.C.SUSIKUMAR, Advocate ( SR-4315[I], 4317[I] dated 16/04/2025 )Common order made inCRL.OP(MD). Nos.6097 and 6433 of 202509.04.2025 BV (07/05/2025) 7P/ 7CMadurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 7/7