High Court · 2025

CRL.OP(MD). No.6691 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 17.04.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.6691 of 20251.Kirubakaran @ Kirupakaran2.Megala3.Jeya @ Jaya4.Hari @ Hariprasath5.Krishnamoorthy6.Santhammal... Petitioners / Accused Nos.1 to 6Vs.The State of Tamil Nadu rep byThe Inspector of Police,Thirunagar Police Station,Madurai District.(Crime No.208 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.208 of 2025 on the file of the respondent-police.For Petitioners :Mr.K.Navaneetharaja,Advocate1/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6691 of 2025For Respondent:Mr.K.Sanjai Gandhi,Government Advocate(Criminal Side)ORDER : The Court made the following order :-This 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 189(2), 296(b), 115(2), 303(2) of BNS, 2023and Section 4 of Tamilnadu Prohibition of the Harassment of Women Act, 2002, inCrime No.208 of 2025 on the file of the respondent-police.3. The case of the prosecution is that the defacto complainant lodged acomplaint before the respondent-police on 30.03.2025. In the complaint, she statedthat on 30.03.2025, her husband left her alone at Chennai. When she questioned him,he responded that his mother and sister did not like her. He then assaulted her,asked her to return to her parental home, and demanded divorce. After this, herhusband left for Madurai. Around 6:00 p.m. on the same day, when the defacto2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6691 of 2025complainant went to her husband's house with her child, her mother-in-law lockedherself inside the house. At that time, some relatives joined together and assaultedthe defacto complainant, using filthy language against her. Further, they snatchedaway her handbag, two mobile phones, cash amounting to Rs.10,800/-, a five-sovereign necklace, and a two-sovereign chain belonging to her. When she asked forher belongings to be returned, they refused. Additionally, they took custody of herchild and refused to let the child leave with the defacto complainant. Hence, thecase.4. Mr.K.Navaneetharaja, the learned counsel for the petitioners, submits thatthe petitioners are innocent persons, 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 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 (CriminalSide) appearing for the respondent-police, submits that there are totally six accusedpersons in this case who are the petitioners herein and they have been arrayed as A13/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6691 of 2025to A6. He further submits that are no previous cases against the petitioners. Hefurther submits that the injured was admitted in the hospital on 30.03.2025 anddischarged on 06.04.2025. He further submits that this is a case and counter case. Hefurther contends that if the petitioners are released on pre-arrest bail, they will againcause threat to the defacto complainant. He therefore prays to dismiss this CriminalOriginal Petition. 6. Heard on both sides. This Court has perused the records. 7. The petitioners have permanent residence. Hence, there is less possibility ofabsconding. Considering the same and also considering the nature of the offencealleged against the petitioners and taking note of the fact that the injured wasdischarged from hospital and with a view to give an opportunity to the petitionersto reform themselves, this Court is inclined to grant pre-arrest bail to the petitioners.Accordingly, pre-arrest bail is granted to the petitioners subject to the followingconditions: (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 No.VI,Madurai, within a period of 15 days from the date on which the order copy is made4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6691 of 2025ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)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 No.VI,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 petitioners shall appear and sign before the respondent-police daily at09.00 a.m. until further orders.(iv) The petitioners shall appear before the respondent-police as and whenrequired for interrogation.(v) The petitioners shall make themselves available for interrogation by apolice officer as and when required.(vi) The petitioners shall not, directly or indirectly, make any inducement,5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6691 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 petitioners shall also not, directly or indirectly, cause any threat to thedefacto complainant, his family members and witnesses and shall not tamper theevidence. (viii) The petitioners shall not enter into the defacto complainant's house orher working place and shall also not try to contact the defacto complainant.(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 conditions6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6691 of 2025are 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/- 17/04/2025/ 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 No.VI, Madurai2 Do through The Chief Judicial Magistrate, Madurai.3.The Inspector of Police, Thirunagar Police Station, Madurai District.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.6691 of 2025 Date :17/04/2025RK (13/05/2025) 7 P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.7/7