High Court · 2025

CRL OP(MD). No.7982 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 29/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.7982 of 2025Meenakshisundaram .. Petitioner/Accused rank not known VsThe State of Tamil Nadu,Rep. by the Inspector of Police,K.Pudur Police Station,Madurai District.(Crime No.286 of 2021). ... Respondent/Complainant For Petitioner : Mr. R.Muthu Lakshmi, Advocate. For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Crime No.286/2021 on the file of the Respondent-Police.ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 25.04.20251/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7982 of 2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioner apprehends arrest at the hands of the respondent-police forthe offences punishable under Sections 294(b), 323, 427, 506(i) and 379 of Indianpenal Code, 1860, @ 379 and 427 of IPC, in Crime No.286 of 2021, on the file of therespondent-police.3. The case of the prosecution is that there was a property dispute between thedefacto complainant's family and the accused persons' family and two suits are alsopending for the same. Due to the same, on 15.04.2021, when the defacto complainantentered into Advocate Chamber No.92, situated in Madurai High Court Premises,the accused persons entered into the chamber and quarrelled with him, threatenedthe defacto complainant and abused him in filthy language. They have alsosnatched his gold chain weighing 16 grams. Hence, the case. 4. Miss.R.Muthu Lakshmi, the learned counsel for the petitioner, submits thatthe petitioner is an innocent person and he has not committed any offence as allegedby the prosecution and he has been falsely implicated in this case. He, however,submits that the petitioner is ready to abide any conditions to be imposed by thisCourt. He further submits this is the second application. Earlier this Court grantedanticipatory bail in Crl.O.P.(MD).No.8185 of 2023, dated 28.04.2023, but, the2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7982 of 2025petitioner was unable to execute sureties. Therefore, she prays to grant an order ofpre-arrest bail to the petitioner.5. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Criminal Side)appearing for the respondent-police, submits that initially the respondent Policeregistered a case for the offences punishable under Sections 294(b), 323, 427, 506(i)and 379 of IPC. After investigation, the respondent-Police altered Section into 379and 427 of Indian Penal Code, 1860, and filed a final report on 20.04.2021, as againstthe accused persons. So far as the petitioner is concerned, the respondent-Policefiled an absconding charge sheet. Now the case is posted for appearance of theaccused before the trial Court. Therefore, he prays to dismiss this Criminal OriginalPetition. 6.This Court has perused the First Information Report (FIR) dated 20.04.2021.The petitioner name does not find place in the FIR. It is learnt that the petitioner hasbeen arrayed as one of the accused and he has been shown as absconding accused inthe charge sheet. Hence, the petitioner reasonably apprehends that if he surrendersbefore trial Court, the trial Court may remand/detain him to prison. Hence, thepetitioner moved Crl.O.P(MD) No.8185 of 2025 and the same was ordered on28.04.2023. But, the petitioner has failed to execute sureties within the stipulatedtime. Hence, the petitioner files this Original Petition seeking an order of3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7982 of 2025pre-arrest bail.7.Considering the facts and circumstances of the case, and the nature of theoffence alleged against the petitioner, the apprehension of the petitioner in his mindthat if he appears/surrenders before the trial Court, it may send him to prison ororder to detain him in prison, is a reasonable apprehension. Considering the factthat the petitioner has permanent residence and deep roots in the society andtherefore, there is less possibility of absconding, and taking note of the fact that thisCourt earlier on 28.04.2023, granted anticipatory bail to the petitioner and thepetitioner failed to execute sureties and hence, the anticipatory bail order passed bythis Court is not effected, and with a view to give one more opportunity to thepetitioners to reform themselves, this Court is inclined to grant pre-arrest bail to thepetitioner subject to the following conditions: (i) The petitioner shall be released on pre-arrest bail in the event of his arrestor in the event of his surrender before the learned Judicial Magistrate VI, Madurai,within a period of 15 days from the date on which the order copy is made ready, onexecuting a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along withtwo sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to thesatisfaction of thelearned Judicial Magistrate VI, Madurai,;(ii) The sureties shall affix their photographs and left thumb impression in the4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7982 of 2025Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Judicial Magistrate VI, Madurai, shall obtain a copy ofany one of identity proofs to ensure their identity;(iii) The petitioner shall appear and sign before the learned Judicial MagistrateVI, Madurai, weekly twice (ie., on Monday and Friday) at 10.00 a.m., until furtherorders and on all hearing dates when the Court requires his appearance;(iv) The petitioner shall cooperate with the trial proceedings for expeditiousdisposal of the case;(v) The petitioner shall not, directly or indirectly, make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer;(vi) The petitioner shall not, directly or indirectly cause threat to the defactocomplainant and the witnesses and shall not tamper with the evidence;(vii) The petitioner shall not leave India without the previous permission ofthe Court;(viii) The petitioner shall furnish his residential address and mobile number tothe learned Judicial Magistrate VI, Madurai,; and(ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate VI, Madurai, or Trial Court, as the case may be, is entitled to pass5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7982 of 2025appropriate orders against the petitioner in accordance with law as if theaforementioned 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]. 10.Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. Sd/-29/04/2025/ TRUE COPY // /2025 Sub-Assistant Registrar (C.S.I /II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. VSG TO1.The learned Judicial Magistrate VI, Madurai.2.Do Through The Chief Judicial Magistrate, Madurai.3.The Inspector of Police, K.Pudur Police Station, Madurai District.6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7982 of 20254.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.7982 of 2025 Date : 29/04/2025BV(27/05/2025) 7P/ 5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.7/7