OP(MD). No.6669 of 20251. Baranidevi2. Jeya3. Arunkumar4. Sabari @ Manikandan5. Muthuraja6. Mahalakshmi v. The State of Tamilnadu

CRL OP(MD). No.6669 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 17/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.6669 of 20251. Baranidevi2. Jeya3. Arunkumar4. Sabari @ Manikandan5. Muthuraja6. Mahalakshmi ... Petitioners/Accused VsThe State of Tamilnadu Rep.,The Inspector of Police, By, Thiruppachetti Police Station, Sivagangai District (Crime No. 73 of 2025). ... Respondent/Complainant For Petitioner : Mr. Ammaar.PNSSM., For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side)1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6669 of 2025 PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :-For Anticipatory Bail in Crime No. 73 of 2025 on the file of the respondentpolice...ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 07.04.2025under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant 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), 191(3), 296(b), 115(2), 118(1), 109(1)and 351(3) of Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.73 of 2025 on thefile of the respondent-police.3. The case of the prosecution is that due to civil dispute, on 02.04.2025 at04.30 p.m, the petitioners and other accused persons attacked the defactocomplainant with stone and stick and caused severe injuries and also threatenedhim with dire consequences. Hence, the case. 4. Mr.A.Ajith Prakash, learned counsel appearing for the petitioners submitsthat the petitioners did not commit any offence as alleged by the prosecution and a2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6669 of 2025false case has been foisted against them. He however submits that the petitionersare ready to abide by any conditions to be imposed by this Court. He furthersubmits that A1 and A9 was already released on bail by the concerned PrincipalDistrict Judge, Hence, he prays for grant of pre-arrest bail to the petitioners.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side)appearing for the respondent-police, submits that in this occurrence, two personsgot injured and one of the victims was treated as out patient and the other victimwas admitted in the hospital on 03.04.2025 and discharged on 09.04.2025. Hehowever submits that if pre-arrest bail is granted to the petitioners, they will causethreat to the defacto complainant and witnesses. Therefore, he prays to dismiss thisCriminal Original Petition.6. Heard on both sides. This Court has perused the records.7. Considering the nature of the offences alleged against the petitioners andalso considering the fact that the injured has been discharged from the hospital andalso taking note of the fact that A1 and A9 was already released on bail, this Court isof the view that in this case, custodial interrogation may not require. Therefore, thisCourt is inclined to grant an order of pre-arrest bail to the petitioners subject to thefollowing conditions:(i) The petitioners shall be released on bail in the event of their arrest or in the3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6669 of 2025event of their surrender before the learned District Munsif cum Judicial Magistrate, Thiruppuvanam, Sivagangai District, within a period of 15 days from the date onwhich the order copy is made ready, on executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each along with two sureties each for a likesum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of thelearned District Munsif cum Judicial Magistrate, Thiruppuvanam, SivagangaiDistrict. (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 make themselves available for interrogation by apolice officer as and when required;(iv) 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;(v) The petitioners shall not leave India without the previous permission of theCourt;(vi) Thereafter, the petitioner Nos.3 to 5 shall stay at Pudukottai and sign4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6669 of 2025before the Thirumaiyam Police Station, Pudukottai daily at 10.00 a.m. and 05.00 p.muntil further orders; (vii) The petitioner Nos.1, 2 and 6 shall appear and sign before the respondent-Police daily at 09.00 a.m.until further orders; (viii) The petitioners shall furnish their residential address and mobile numberto the learned District Munsif cum Judicial Magistrate, Thiruppuvanam, Sivagangai District;(ix) The petitioners shall not, directly or indirectly, cause any threat to thedefacto complainant and witnesses and shall not tamper the evidence; and(x) On breach of any of the aforementioned conditions, concerned Magistrate, or Trial Court as the case may be, is entitled to pass appropriate orders against thepetitioners in accordance with law as if the aforementioned conditions are imposedby them 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 the5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6669 of 2025conditions stated supra. sd/- 17/04/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. LRTO1. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUPPUVANAM, SIVAGANGAI DISTRICT.2. DO THROUGHTHE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.3. THE INSPECTOR OF POLICE, THIRUPPACHETTI POLICE STATION, SIVAGANGAI DISTRICT.4. THE INSPECTOR OF POLICE, THIRUMAIYAM POLICE STATION, PUDUKOTTAI.5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.+2 CC to M/s.M/S.PNSSM.AMMAAR, Advocate ( SR-4436[I] dated 21/04/2025 )6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6669 of 2025 ORDER IN CRL OP(MD) No.6669 of 2025 Date :17/04/2025 HPS/03.06.2025 /7P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7