High Court · 2025

CRL.OP(MD). No.7384 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 23.04.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.7384 of 20251.Vijaya Narayanan2.Reeta @ Kalaiarasi3.Chellakani... Petitioners/Accused Nos.1 to 3Vs.The State of Tamil Nadu rep byThe Inspector of Police,Elayirampannai Police Station,Virudhunagar District.(Crime No.64 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.64 of 2025 on the file of the respondent-police.For Petitioners :Mr.B.Jeyakumar,AdvocateFor Respondent:Mr.K.Sanjai Gandhi,Government Advocate(Criminal Side)ORDER : The Court made the following order :-1/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.7384 of 2025This Criminal Original Petition has been filed by the petitioners on 21.04.2025under 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 296(b), 115(2) of BNS, 2023 and Section 4 ofthe TNPHW Act, in Crime No.64 of 2025 on the file of the respondent-police.3. The case of the prosecution is that the de-facto complainant and thepetitioners are neighbors and relatives. The petitioners were constructing a house ontheir vacant site, which is adjacent to the vacant site of the de-facto complainant.During the construction, it is alleged that the petitioners attempted to encroachupon the de-facto complainant’s site by about 2 feet. When the de-facto complainantquestioned this, a quarrel ensued between the de-facto complainant and petitioners1 and 2. On 17.03.2025 at about 07.41 a.m. and the 1st petitioner attacked the de-facto complainant with a wooden log and the 2nd petitioner abused her in filthylanguage, and the 3rd petitioner, who is a building contractor, attacked her with hishands. Upon the intervention of others, the petitioners left the scene of occurrence.Hence, the present complaint came to be lodged. 4. Mr.B.Jeyakumar, the learned counsel for the petitioners, submits that thepetitioners are innocent persons, they have not committed any offence as alleged by2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.7384 of 2025the 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 the petitionershave been arrayed as A1 to A3. He further submits that the petitioners have noprevious case and the first offenders. He further submits that the injured person wasadmitted to the hospital on 17.03.2025 and discharged on 21.03.2025. He furthersubmits that the alleged occurrence took place between the petitioners and the de-facto complainant due to pathway dispute. He further contends that if thepetitioners are released on pre-arrest bail, they will again cause threat to the defactocomplainant. He therefore prays to dismiss this Criminal Original Petition. 6. 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 grant3/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.7384 of 2025pre-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 No.I,Sattur, Virudhunagar District, within a period of 15 days from the date on which theorder 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/-(Rupees Ten Thousand only) to the satisfaction of the learned Judicial MagistrateNo.I, Sattur, 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 ofidentity proofs to ensure their identity. (iii) The petitioners shall appear and sign before the respondent-police daily at10.00 a.m. until further orders.(iv) The petitioners shall appear before the respondent-police as and whenrequired for interrogation.(v) The petitioners shall make themselves available for interrogation by apolice officer as and when required.4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.7384 of 2025(vi) 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.(vii) The petitioners shall also not, directly or indirectly, cause any threat to thedefacto complainant, his family members and witnesses and shall not tamper theevidence. (viii) The petitioners shall not enter into the defacto complainant's house or hisworking place and shall also not try to contact the defacto complainant.(ix) The petitioners shall not leave India without the previous permission ofthe Court.(x) The petitioners shall furnish their residential address and mobile numberto the concerned Magistrate.(xi) 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]. 5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.7384 of 20258. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 23/04/2025 / 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 NO.I, SATTUR, VIRUDHUNAGAR DISTRICT.2.DO THROUGHTHE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.3.THE INSPECTOR OF POLICE, ELAYIRAMPANNAI POLICE STATION, VIRUDHUNAGAR DISTRICT.4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.+1 CC to M/s.B.JEYAKUMAR, Advocate ( SR-4782[I] dated 25/04/2025 )6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.7384 of 2025 ORDER IN CRL OP(MD) No.7384 of 2025 Date :23/04/2025 HPS/29.05.2025 /7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7