High Court · 2025

CRL.OP(MD). No.7343 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 23.04.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.7343 of 2025S.Ramesh... Petitioner / Accused Rank Not KnownVs.The State of Tamil Nadu rep byThe Inspector of Police,Gangaikondan Police Station,Tirunelveli District.(Crime No.222 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 thepetitioner in Crime No.222 of 2025 on the file of the respondent police.For Petitioner :Mr.K.Karansingh,AdvocateFor 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 petitioner on 21.04.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying1/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.7343 of 2025to grant an order of pre-arrest bail.2. The petitioner apprehends arrest at the hands of the respondent-police forthe offences punishable under Sections 296(b), 326(f), 351(3) of BNS, 2023 andSection 3 of the TNPPDL Act, 1992, in Crime No.222 of 2025 on the file of therespondent-police.3. The case of the prosecution is that on 04.04.2025, at about 9:45 PM, A1 andother accused person, trespassed in front of the defacto complainant’s house.Thereafter, using a sickle held by Al, they damaged the windshield of the InnovaCrysta vehicle bearing registration No.TN-72-D24070001231, which was parked infront of the defacto complainant’s house. Subsequently, they poured petrol on thevehicle and set it on fire. Based on the above allegations, the respondent-policeregistered the present case. 4. Mr.K.Karansingh, the learned counsel for the petitioner, submits that thepetitioner is an innocent person and he has not committed any offence as alleged bythe prosecution. He further submits that a false case has been foisted against thepetitioner. He however submits that the petitioner is ready to abide any conditionsto be imposed by this Court. Accordingly, he prays to grant an order of pre-arrestbail to the petitioner.2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.7343 of 20255. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (CriminalSide) appearing for the respondent-police, submits that the accused personassaulted the defacto complainant and threatened with dire consequences. Hefurther submits that the accused persons damaged the windshield of the InnovaCrysta vehicle bearing registration No.TN-72-D24070001231, which was parked infront of the defacto complainant’s house. Subsequently, they poured petrol on thevehicle and set it on fire. He therefore contends that if the petitioner is released onpre-arrest bail, he will cause threat to the defacto complainant and tamper with theevidence. Therefore, he prays to dismiss this Criminal Original Petition.6. Heard on both sides. This Court has perused the records. 7. The petitioner has permanent residence. Hence, there is less possibility ofabsconding. Considering the same and also taking into account of the fact that thepetitioner is ready to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only)and with a view to give an opportunity to the petitioner to reform himself, thisCourt is inclined to grant pre-arrest bail to the petitioner. Accordingly, pre-arrestbail is granted to the petitioner 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 No.III,Tirunelveli, within a period of 20 days from the date on which the order copy is3/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.7343 of 2025made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousandonly) 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.III,Tirunelveli.(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 petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousandonly) to the credit of the Crime No.222 of 2025 on the file of the respondent-police,before the learned Judicial Magistrate No.III, Tirunelveli, within a period of twentydays from the date on which the order copy is made ready. In turn, the learnedJudicial Magistrate shall deposit the said amount in an interest bearing FixedDeposit in any nationalized Bank initially for a period of one year and renew themperiodically until the final order / judgment is passed in the case in Crime No.222 of2025. The Trial Court shall decide the entitlement to the deposit amount at the timeof passing the final order or judgment. (iv) The petitioner shall appear and sign before the respondent-police daily at10.00 a.m. until further orders.4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.7343 of 2025(v) The petitioner shall make himself available for interrogation by a policeofficer as and when required.(vi) The petitioner 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.(vii) The petitioner shall also not, directly or indirectly, cause any threat to thedefacto complainant and witnesses and shall not tamper the evidence.(viii) The petitioner shall not leave India without the previous permission ofthe Court.(ix) The petitioner shall furnish his residential address and mobile number tothe concerned Magistrate.(x) The petitioner shall not enter into the defacto complainant's house or hiswork place and shall not try to contact the defacto complainant either directly orthrough any electronic mode.(xi) 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 petitioner in accordance with law as if the aforementioned conditions areimposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs.State of Kerala [(2005) 13 SCC 283]. 5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.7343 of 20258. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. Sd/-23/04/2025// True Copy // /05/2025Sub Assistant Registrar( CS-I / II / III / IV )Madurai Bench of Madras High Court,Madurai.pal To1.The Judicial Magistrate No.III, Tirunelveli.2.Do Through The Chief Judicial Magistrate, Tirunelveli.3.The Inspector of Police, Gangaikondan Police Station, Tirunelveli District.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.7343 of 2025+1 CC to M/s.K.KARANSINGH, Advocate ( SR-4856[I] dated 25/04/2025 )CRL.OP(MD). No.7343 of 202523.04.2025 KVL - ( 27.05.2025) 7P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7