High Court · 2025

CRL.OP(MD). No.6809 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 15.04.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.6809 of 20251.D.Sangarapandi2.D.Suthanthira Pandi... Petitioners/Accused Nos.1 & 2Vs.The State of Tamil Nadu rep byThe Inspector of Police,Thiruchuli Police Station,Virudhunagar District.(Crime No.90 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.90 of 2025 on the file of the respondent-police.For Petitioners :Mr.K.Sheenivasan,AdvocateFor Respondent:Mr.K.Sanjai Gandhi,Government Advocate(Criminal Side)1/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6809 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioners on 08.04.2025under 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 191(2), 191(3), 115(2), 118(1) and 351(3) ofBNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act,2002, in Crime No.90 of 2025 on the file of the respondent-police.3. The case of the prosecution is that the defacto complainant lodged acomplaint against the petitioners/accused persons on 24.03.2025 at about 08.00 p.m.,stating that the defacto complainant, along with other members of his community,had decided to construct a Krishna temple on a patta land belonging to onePasangkarai, who also belongs to the same community. At that time, certain personsbelonging to another community objected, by stating that taxes should also becollected from their community members and that the temple should be constructedjointly. It was decided that no temple construction work should proceed until findthe solution for this issue. However, as the de-facto complainant’s fathercommenced the construction of a temple, all the accused persons abused him infilthy language and assaulted the de-facto complainant with wooden logs and2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6809 of 2025sticks. As a result of the injuries sustained, the defacto complainant was admitted tothe Thiruchuli Government Hospital. Hence, the case.4. Mr.K.Sheenivasan, the learned counsel for the petitioners, submits that thepetitioners are innocent persons, they have not committed any offence as alleged bythe prosecution and a false case has been foisted against the petitioners. He howeversubmits that the petitioners are ready to abide by any conditions that may beimposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail tothe petitioners.5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate(Criminal Side) appearing for the respondent-police, submits that there are totallynine accused persons in this case and the petitioners have been arrayed as A1 andA2. He further submits that A3 and A6 were arrested and subsequently released onbail. He also submits that the incident arose out of a temple-related dispute. Hefurther submits that four persons sustained injuries, of whom three were treated asoutpatients, while the defacto complainant was admitted to the hospital on23.03.2025 and discharged on 27.03.2025. He further submits that there are noprevious cases against the petitioner. He further contends that if the petitioners arereleased on pre-arrest bail, they will again cause threat to the defacto complainant.He therefore prays to dismiss this Criminal Original Petition. 3/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6809 of 20256. Heard on both sides. This Court has perused the records. 7. The petitioners have permanent residence and deep roots in the society.Hence, there is less possibility of absconding. Considering the same and alsoconsidering the nature of the offence alleged against the petitioners and taking noteof the fact that the injured was discharged from hospital and with a view to give anopportunity to the petitioners to reform themselves, this Court is inclined to grantpre-arrest bail to the petitioners. Accordingly, pre-arrest bail is granted to thepetitioners subject to the following 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,Thiruchuli, Virudhunagar 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 Judicial Magistrate, Thiruchuli, Virudhunagar District.(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 of4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6809 of 2025identity proofs to ensure their identity. (iii) The petitioners shall stay at Tiruchirappalli District and sign before theInspector of Police, Cantonment Police Station, Tiruchirappalli District, daily at09.00 a.m. and 06.00 p.m. until further orders after the execution of suretyship.(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 hisworking place and shall also not try to contact the defacto complainant.(viii) The petitioners shall not leave India without the previous permission ofthe Court.(ix) The petitioners shall furnish their residential address and mobile numberto the concerned Magistrate.5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6809 of 2025(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 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/- 15/04/2025 / 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,THIRUCHULI, VIRUDHUNAGAR DISTRICT.2 THE CHIEF JUDICIAL MAGISTRATEVIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.3.The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6809 of 20254.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.Copy toThe Inspector of Police, Cantonment Police Station,Tiruchirappalli District.+1 CC to M/s.K.SHEENIVASAN, Advocate ( SR-4361[I] dated 17/04/2025 ) ORDER IN CRL OP(MD) No.6809 of 2025 Date :15/04/2025 MK/SAR /05.05.2025 7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7