High Court · 2025

CRL OP(MD). No.7374 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 24.04.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.7374 of 20251.Abinaya2.Murugan3.Kamaiyan ... Petitioners/Accused Nos.7 to 9VsThe State of Tamil Nadu,Rep by the Sub Inspector of Police, Sedapatti Police Station, Madurai District. Crime No.46 of 2025 ... Respondent/ComplainantFor Petitioners:Mr.G.Rajan For Respondent:Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023PRAYER :- For Anticipatory Bail in Crime No.46 of 2025 on the file of the respondent-police.ORDER : The Court made the following order :- 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7374 of 2025 This Criminal Original Petition has been filed by the petitioners on 21.04.2025under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant an order of pre-arrest bail.2. The petitioners apprehend arrest at the hands of the respondent-police forthe alleged offences punishable under Sections 191(2), 296(b), 115(2) and 118(1) ofBharatiya Nyaya Sanhita (BNS), 2023 read with Section 4 of Tamil Nadu Prohibitionof Harassment of Women Act, 2002 in Crime No.46 of 2025 on the file of therespondent-police.3. The case of the prosecution is that on 02.04.2025, at about 09.00 p.m., whenthe defacto complainant was waiting for Bus in Ayothipatti Bus Stop, the accusedpersons assaulted him with hand and sharp edged stone. When the defactocomplainant's mother came to the spot, all the accused persons abused her in filthylanguage and attacked with hands and made life threat. Hence, the case. 4. Mr.G.Rajan, learned counsel appearing for the petitioners does not press thepetition qua second petitioner. To that effect, he has made an endorsement in thecase file and the same is extracted hereunder:2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7374 of 2025"I may be permitted to not press insofar second petitioner"5. In view of the endorsement made by the learned counsel for the petitioners,this Criminal Original Petition is dismissed as not-pressed qua second petitioner. 6. However, as far as petitioners 1 and 3 are concerned, the learned counselsubmits that they did not commit any offence as alleged by the prosecution and theyhave been falsely implicated in this case. He however submits that the petitioners 1and 3 are ready to abide any conditions to be imposed by this Court. Hence, heprays for grant of pre-arrest bail to the petitioners 1 and 3.7. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.Side)appearing for the respondent-police, submits that the defacto complainant wasadmitted in the hospital on 02.04.2025 and discharged on 19.04.2025. He prays todismiss this Criminal Original Petition.8. Heard on both sides. This Court has perused the records including the FirstInformation Report.3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7374 of 20259. The first petitioner is a 20 years old woman and the third petitioner is a 68years old man. Considering the same and also considering the overt act and thenature of the offences allegedly committed by the petitioner 1 and 3 and with a viewto give an opportunity to them to reform themselves, this Court is inclined to grantan order of pre-arrest bail to the petitioners 1 and 3 subject to the followingconditions:(i) The petitioners 1 and 3 shall be released on bail in the event of their arrestor in the event of their surrender before the learned District Munsif cum JudicialMagistrate, Peraiyur, within a period of 15 days from the date on which the ordercopy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees TenThousand only) each along with two sureties each for a like sum of Rs.10,000/-(Rupees Ten Thousand only) to the satisfaction of the learned District Munsif cumJudicial Magistrate, Peraiyur;(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 oneidentity proof of each surety to ensure their identity;4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7374 of 2025(iii) The petitioners 1 and 3 shall make themselves available for interrogationby police as and when required;(iv) The petitioners 1 and 3 shall not, directly or indirectly, make anyinducement, threat or promise to any person acquainted with the facts of the case soas to dissuade them from disclosing such facts to the Court or to any police officer;(v) The petitioners 1 and 3 shall not leave India without prior permission of theCourt;(vi) Thereafter, the petitioners 1 and 3 shall appear and sign before the learnedDistrict Munsif cum Judicial Magistrate, Peraiyur on all working days at 10.30 a.m.until further orders;(vii) The petitioners 1 and 3 shall furnish their residential address and mobilenumber to the learned District Munsif cum Judicial Magistrate, Peraiyur;(viii) The petitioners 1 and 3 shall not enter into the defacto complainant'shouse or workplace;(ix) The petitioners 1 and 3 shall not try to contact the defacto complainanteither directly or through any electronic mode;(x) The petitioners 1 and 3 shall not, directly or indirectly, cause any threat tothe defacto complainant and witnesses, and shall not tamper the evidence; and(xi) On breach of any of the aforementioned conditions, concerned Magistrate5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7374 of 2025or Trial Judge as the case may be, is entitled to pass appropriate orders against thepetitioners 1 and 3 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. Stateof Kerala [(2005) 13 SCC 283].10. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra qua the petitioners 1 and 3 and dismissed as not-pressedqua the second petitioner. sd/- 24/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. mbi TO1.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PERAIYUR.2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7374 of 20253.THE SUB INSPECTOR OF POLICE, SEDAPATTI POLICE STATION, MADURAI DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.+1 CC to M/s.G.RAJAN, Advocate ( SR-4756[I] dated 25/04/2025 ) ORDER IN CRL OP(MD) No.7374 of 2025 Date :24/04/2025 VN /28.05.2025 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7