High Court · 2025

CRL.OP(MD). No.6631 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 28.04.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.6631 of 20251.Prasanth2.Santhi3.Ramesh... Petitioners / Accused Nos.1 to 3Vs.The State of Tamil Nadu rep byThe Inspector of Police,All Women Police Station,Musiri,Trichy District.(Crime No.10 of 2025)... Respondent / ComplainantPRAYER :- 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.10 of 2025 on the file of the respondent-police.For Petitioners :Mr.K.Arunraj,AdvocateFor Respondent:Mr.S.S.Manoj,Government Advocate(Criminal Side)ORDER : The Court made the following order :-1/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6631 of 2025This Criminal Original Petition has been filed by the petitioners on 07.04.2025under 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 417, 420 and 506(i) of Indian Penal Code,1860, in Crime No.10 of 2025 on the file of the respondent-police.3. The case of the prosecution is that on 06.03.2025, the defacto complainantlodged a complaint before the respondent-police alleging that the first petitionerhad cheated the defacto complainant by making a false promise to marry her, butsubsequently refused to fulfill the promise. Based on the said complaint, the presentcase has been registered. 4. Mr.K.Arunraj, 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. Hefurther submits that the second and third petitioners are the parents of the firstpetitioner and they have no connection whatsoever with the defacto complainant orthe alleged incident. He, however, submits that the petitioners are ready to abide byany conditions to be imposed by this Court. Accordingly, he prays to grant an orderof pre-arrest bail to the petitioners.2/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6631 of 20255. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Criminal Side)appearing for the respondent police, submits that the petitioners have been arrayedas Accused Nos.1 to 3. He further submits the first petitioner had cheated thedefacto complainant by making a false promise to marry her, but subsequentlyrefused to fulfill the said promise. He further submits that there are no previouscases against the petitioners. He further contends that if the petitioners are releasedon bail, they will cause threat to the defacto complainant and her family members.Hence, custodial interrogation of the petitioners is necessary in this case.Accordingly, he prays to dismiss this Criminal Original Petition. 6. This Court has heard the learned counsel on both sides and perused thematerials available on record.7. The first petitioner had a physical relationship with the defacto complainantunder the false promise of marriage. Now, the defacto complainant is currently sixmonths pregnant. In view of the above, this Court is of the opinion that thecustodial interrogation of the first Petitioner is absolutely necessary to unearth thetruth. Accordingly, this Court is not inclined to grant pre-arrest bail to the firstpetitioner alone.8. The second and third petitioners are the parents of the first petitioner. Theyhave permanent residence and deep roots in the society. Hence, there is less3/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6631 of 2025possibility of absconding. Considering the same and also considering the nature ofthe offence allegedly committed by the second and third petitioners and with a viewto give an opportunity to them to reform themselves, this Court is inclined to grantpre-arrest bail to the second and third petitioners. Accordingly, pre-arrest bail isgranted to the second and third petitioners subject to the following conditions: (i) The second and third petitioners shall be released on pre-arrest bail in theevent of their arrest or in the event of their surrender before the learned JudicialMagistrate, Musiri, within a period of 15 days from the date on which the ordercopy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees TenThousand only) along with two sureties each for a like sum of Rs.10,000/- (RupeesTen Thousand only) to the satisfaction of the learned Judicial Magistrate, Musiri.(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 proof of each surety to ensure their identity.(iii) The second and third petitioners shall appear and sign before therespondent-police weekly twice i.e., on every Monday and Friday at 10.00 a.m. untilfurther orders.(iv) The second and third petitioners shall make themselves available for4/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6631 of 2025interrogation by police as and when required.(v) The second and third petitioners shall not, directly or indirectly, make anyinducement, threat or promise to any person acquainted with the facts of the case soas to dissuade him from disclosing such facts to the Court or to any police officer.(vi) The second and third petitioners shall also not, directly or indirectly, causeany threat to the defacto complainant and witnesses and shall not tamper theevidence. (vii) The second and third petitioners shall not leave India without priorpermission of the Court.(viii) The second and third petitioners shall furnish their residential addressand mobile numbers to the concerned Magistrate.(ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate or Trial Judge, as the case may be, is entitled to pass appropriate ordersagainst the second and third petitioners in accordance with law as if theaforementioned conditions are imposed by them as laid down by the Hon'bleSupreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 5/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6631 of 20259. Accordingly, this Criminal Original Petition is dismissed insofar as the firstpetitioner is concerned and is allowed insofar as the second and third petitioners areconcerned subject to the conditions stated supra. sd/- 28/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. pal To1. The Judicial Magistrate, Musiri.2.Do through the Chief Judicial Magistrate,Trichy.3.The Inspector of Police,All Women Police Station, Musiri,Trichy District.4.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai.+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-5055[I] dated 29/04/2025 ) ORDER IN CRL OP(MD) No.6631 of 2025 Date :28/04/2025PP/28.05.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6