High Court · 2025

CRL OP(MD). No.7365 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 23/04/2025PRESENTThe HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.7365 of 20251. Muthuram2. Sakthimuni3. Ponmani4. Mugesh Kannan ... Petitioners/Accused No.(1) to (4) VsThe State of Tamil Nadu,Rep.By, the Inspector of Police,Peraiyur Police Station,Madurai District.(In Crime No.54 of 2025). ... Respondent/Complainant For Petitioners : Mr.K.Rajeshwaran 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.54 of 2025 on the file of the Respondent Police.1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7365 of 2025ORDER : The Court made the following order :- This 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 / Accused Nos. 1 to 4 apprehend arrest at the hands of therespondent-police for the offences punishable under Sections 126(1), 296(b), 115(2),132(1), 351(3) of BNS, 2023 in Crime No.54 of 2025 on the file of the respondent-police.3. The case of the prosecution is that on 12.04.2025 at about 11.30 p.m., the de-facto complainant was called by A1 under the pretext of resolving a prior dispute.When he reached the vicinity of Kumarapuram School, A1 to A4 surrounded him,abused him and assaulted him with knives and wooden sticks. Hence the case.4. Today, when the matter was taken up for hearing, Mr.K. Rajeshwaran thelearned counsel appearing for the petitioners, seeks permission of this Court towithdraw this petition as against the 1st petitioner and he has also made anendorsement to that effect, which reads as follows:“permitted to withdraw with regarding the 1st petitioner alone.”2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7365 of 2025In view of the same, this Criminal Original Petition is dismissed as withdrawnas against the 1st petitioner. 5. As far as the petitioners 2 to 4 is concerned, the learned counsel for thepetitioners submits that the they are innocent person, and they have not committedany offence as alleged by the prosecution, and they have been falsely implicated inthis case. He however submits that the petitioners are ready to abide by anyconditions to be imposed by this Court. He therefore prays for grant of pre-arrestbail to the petitioners 2 to 4.6. Mr.S.S.Manoj, the learned Government Advocate (Crl. Side) appearing forthe respondent-police, submits that there is no previous case pending against thepetitioners 2 and 4 and that there is one previous case pending against the 3rdpetitioner. He further submits that the injured was admitted in the hospital on12.04.2025 and discharged on 15.04.2025. He further submits that the investigationof the case is still pending and, thereafter, at this stage of investigation, if pre-arrestbail is granted to the petitioners 2 to 4, they may cause threat to the defactocomplainant and other witnesses. Accordingly, he prays to dismiss this CriminalOriginal Petition.7. Heard on both sides. This Court has perused the records. 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7365 of 20258. Considering the fact that the injured has been discharged from the hospitaland in view of the nature offence alleged against the petitioners 2 to 4, this Court isof the view that custodial interrogation of the petitioners 2 to 4 is not necessary inthis case. The petitioners 2 to 4 have permanent residence and deep roots in thesociety and therefore, there is less possibility for absconding. Considering the same,and also considering the nature of allegation against the petitioners 2 to 4, and witha view to give an opportunity to the petitioners 2 to 4 to reform themselves, thisCourt is inclined to grant an order of pre-arrest bail to the petitioners 2 to 4 subjectto the following conditions:(i) The petitioners 2 to 4 shall be released on pre-arrest bail in the event of theirarrest or in the event of their surrender before the learned District Munsif – cum -Judicial Magistrate, Peraiyur within a period of 15 days from 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 the learned District Munsif –cum - Judicial 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 the learned District Munsif – cum - Judicial Magistrate,4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7365 of 2025Peraiyur, shall obtain a copy of any one of identity proofs to ensure their identity.(iii) The petitioners 2 to 4 shall appear and sign before the respondent - policedaily at 10.00 am until further orders;(iv) The petitioners 2 to 4 shall make themselves available for interrogation bya police officer as and when required.(v) The petitioners 2 to 4 shall not, directly or indirectly, make anyinducement, threat or promise to any person acquainted with the facts of the case soas to dissuade him from disclosing such facts to the Court or to any police officer.(vi) The petitioners 2 to 4 shall not leave India without the previouspermission of the Court.(vii) The petitioners 2 to 4 shall not directly or indirectly cause any threat tothe defacto complainant and tamper with the evidence. (viii) The petitioners 2 to 4 shall furnish his residential address and mobilenumber to the learned District Munsif – cum - Judicial Magistrate, Peraiyur.(ix) On breach of any of the aforementioned conditions, the learned DistrictMunsif – cum - Judicial Magistrate or the Trial Judge as the case may be, Peraiyur, isentitled to pass appropriate orders against the petitioners No.2 to 4 in accordancewith law as if the aforementioned conditions are imposed by them as laid down bythe Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7365 of 20259. Accordingly, this Criminal Original Petition is allowed insofar as thepetitioners No.2, 3 and 4 subject to the conditions stated supra and dismissed aswithdrawn in respect of the petitioner No.1. 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. TRP TO1. The District Munsif – cum - Judicial Magistrate, Peraiyur2. Do-Through The Chief Judicial Magistrate, Madurai District.3. The Inspector of Police, Peraiyur Police Station, Madurai District.4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.K.RAJESHWARAN, Advocate ( SR-4767[I] dated 25/04/2025 ) ORDER IN CRL OP(MD) No.7365 of 2025 Date :23/04/2025 MK/SAR /15.05.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6