High Court · 2025

CRL OP(MD). No.6992 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 17/04/2025PRESENTThe HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.6992 of 20251. Ravichandran2. Kumaran @ Thirukumaran,(Wrongly Mentioned as Kumaran in Cr.No.111 of 2025 Instead of Thirukumaran)3. Naveen,4. Alakuraja @ Alaguraja,(Wrongly Mentioned as Alakuraja in Cr.No.111 of 2025 Instead of Alaguraja) ... Petitioners/Accused Nos. 1, 5, 6 and 7 VsThe State of Tamil Nadu,Rep. by the Inspector of Police,Bodinayakkanur Rural Police Station,Theni District.(Crime No.111 of 2025). ... Respondent/Complainant For Petitioner : Mr.G. Karuppasamy Pandian for Mr.R.Ganesh Prabu For Respondent : Mr.S.S. Manoj Government Advocate (Crl.Side)1/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6992 of 2025 PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Crime No.111 of 2025 on the file of the Respondent Police.ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 15.04.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioners / Accused Nos.1, 5, 6 and 7 apprehend arrest at the hands ofthe respondent- police for the offences punishable under Sections 191(2), 191(3), 296(b), 132, 121(1), 127(2) and 351(3) of BNS, 2023 in Crime No.111 of 2025 on the file ofthe respondent-police.3. The case of the prosecution is that on 10.04.2025 at about 7.00 pm, when therespondent Police was on official duty at the Muthu Mariamman Temple,Rasingapuram, Bodinayakanur, Theni District, at that time, a wordy quarrel arosebetween the two rival groups and the same was pacified by the defacto2/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6992 of 2025complainant. Later, at about 10.15 pm, the petitioners along with other accusedpersons and members of two rival groups were present at the same templepremises, again quarrel, erupted. While the defacto complainant attempted to de-escalate the situation, the petitioners herein threatened them with direconsequences. Hence, the case. 4. Mr.G.Karuppasamy Pandian, the learned counsel for the petitioners,submits that the petitioners are innocent persons, that they have not committed anyoffence as alleged by the prosecution, and they have been falsely implicated in thiscase. He further submits that the it is a case and counter and the petitioners areready to abide by any conditions to be imposed by this Court. Accordingly, he praysto grant an order of pre-arrest bail to the petitioners.5. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Criminal Side)appearing for the respondent-police, submits that the injured was treated as out-patient. He further submits that there is no previous case pending against thepetitioners. He further submits that the investigation of the case is pending andtherefore, at this stage, if the pre-arrest bail is granted to the petitioners, they maycause threat to the defacto complainant and witnesses. Hence, he prays to dismiss3/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6992 of 2025this Criminal Original Petition. 6. Heard on both sides. This Court has perused the records. 7. Considering the fact that petitioner has no previous bad antecedents andthat the injured was treated as out-patient and in view of the nature offence allegedagainst the petitioners, this Court is of the view that custodial interrogation of thepetitioners is not necessary in this case. The petitioners have permanent residenceand deep roots in the society and therefore, there is less possibility for absconding.Considering the same, and also considering the nature of allegation against thepetitioners, and with a view to give an opportunity to the petitioners to reformthemselves, this Court is inclined to grant an order of pre-arrest bail 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,Bodinayakanur, Theni District within a period of 15 days from the date on whichthe order copy is made ready, on executing a bond for a sum of Rs.10,000/- (RupeesTen Thousand only) each along with two sureties each for a like sum of Rs.10,000/-4/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6992 of 2025(Rupees Ten Thousand only) to the satisfaction of learned Judicial Magistrate,Bodinayakanur, Theni 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, Bodinayakanur, Theni Districtshall obtain a copy of any one of identity proofs to ensure their identity.(iii) The petitioner 1, 2 and 4 shall report before the learned JudicialMagistrate, Bodinayakanur, Theni District on all working days at 10.30 am and 5.30pm until further orders. Since the 3rd petitioner is a student, he shall report beforethe learned Judicial Magistrate, Bodinayakanur, Theni District weekly twice ie.,every Monday and Friday at 5.30 pm 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 to5/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6992 of 2025dissuade 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 and witnesses and tamper with evidence.(vii) The petitioners shall not leave India without the prior permission of theCourt.(viii) The petitioners shall furnish their residential address and mobile numberto the learned Judicial Magistrate, Bodinayakanur, Theni District;(ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate, Bodinayakanur, Theni District, or Trial Court, as the case may be, isentitled to pass appropriate orders against the petitioners in accordance with law asif the aforementioned conditions are imposed by him as laid down by the Hon'bleSupreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 6/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6992 of 20258. 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. TRP TO1. THE JUDICIAL MAGISTRATE, BODINAYAKANUR, THENI DISTRICT.2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.3. THE INSPECTOR OF POLICE, BODINAYAKANUR RURAL POLICE STATION, THENI DISTRICT.4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.7/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6992 of 2025+1 CC to M/s.R.GANESH PRABHU, Advocate ( SR-4425[I] dated 21/04/2025 ) ORDER IN CRL OP(MD) No.6992 of 2025 Date :17/04/2025 VN/16.05.2025 8P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8