High Court · 2025

CRL OP(MD). No.11097 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 01/07/2025PRESENTTHE HONOURABLE MR. JUSTICE P. VADAMALAICRL OP(MD). No.11097 of 20251.Harikaran,S/o.Aruljothi2.Vishnu,S/o.Manikandan ... Petitioners/A3 & A4 VsThe State of Tamil Nadu,Rep. by the Sub Inspector of Police,Sempatti Police Station,Dindigul.(Crime No.176 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Palani Kumar,Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.11097 of 2025PRAYER :- For Anticipatory Bail in Crime No.176 of 2025 on the file of the Respondent Police.ORDER : The Court made the following order :-The petitioners/A3 and A4, who apprehend arrest at the hands of therespondent police for the offences punishable under Sections 191(1), 77, 296(b) and351(2) of BNS, 2023 r/w. Section 4 of TNPHW Act, 2002 r/w. Section 66E of IT Actin Crime No.176 of 2025 on the file of the respondent police, seek anticipatory bail. 2. When the matter was taken up for hearing, the learned counsel for thepetitioners submitted that the 2nd petitioner/A4 has been arrested and is remandedto judicial custody. Therefore, nothing survives in the present petition to beadjudicated with regard to the 2nd petitioner. Hence, he seeks permission of thisCourt to not press the present petition insofar as the 2nd petitioner is concerned andhas also made an endorsement in the bundle to that effect. Accordingly, recordingthe submission of the learned counsel for the petitioners, this Criminal OriginalPetition is dismissed as not pressed, insofar as the 2nd petitioner is concerned.2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.11097 of 20253. The case of the prosecution is that the de-facto complainant is the Presidentof the Okkaligar (Kaapu) Mahajana Sangam (Pacharivaar Community President).On 23.05.2025, the de-facto complainant, along with his family members, visited theArulmigu Vellaimalaiveerumaramman Temple located in Vannampatti, SempattiTaluk, to attend the temple festival. At around 11.00 p.m., while the women werebathing in a nearby bathroom close to the temple, the accused allegedly recorded avideo of them bathing. When that was questioned, the accused threatened them andattempted to flee from the spot. However, they managed to apprehend the 1staccused. Hence, the present case.4. The learned counsel for the petitioners submitted that the 1st petitioner is aninnocent person, and has not committed any offence as alleged by the prosecution.He further submitted that the 1st petitioner is ready and willing to abide by anyconditions that may be imposed by this Court. Hence, he seeks anticipatory bail forthe 1st petitioner.5. The learned Government Advocate (Criminal Side) submitted that thepetitioners have been arrayed as A3 and A4 in this case. The 2nd petitioner/A4 wasarrested and remanded to judicial custody, and A5 has been granted anticipatory3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.11097 of 2025bail on 10.06.2025 by the learned Principal Sessions Judge, Dindigul in Crl.M.P.No.170 of 2025, and A2 was arrested and subsequently released on bail on17.06.2025 by the same Court in Crl.M.P.No.1089 of 2025. He further submitted thatthe properties have already been recovered, and there is no specific overt act againstthe 1st petitioner. However, he opposed to grant anticipatory bail to the 1st petitioner.6. Considering the facts and circumstances of the case, and taking note of thefact that one of the co-accused was arrested and subsequently released on bail, andone of the co-accused has been granted anticipatory bail, and that the entireproperties have already been recovered, and that there is no specific overt actagainst the 1st petitioner, this Court is inclined to grant anticipatory bail to the 1stpetitioner, subject to certain conditions.7. Accordingly, the 1st petitioner is ordered to be released on bail in the eventof his arrest or on his appearance, within a period of fifteen days from the date ofreceipt of a copy of this order, before the learned District Munsif cum JudicialMagistrate, Aathoor, Dindigul District on condition that the 1st petitioner shallexecute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) withtwo sureties, each for a like sum to the satisfaction of the respondent Police or to thePolice Officer, who intends to arrest or to the satisfaction of the learned District4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.11097 of 2025Munsif cum Judicial Magistrate, Aathoor, Dindigul District and on furtherconditions that: (a) the 1st petitioner and the sureties shall affix their photographs and leftthumb impression in the surety bond and the Magistrate may obtain a copy of theirAadhar card or Bank pass Book to ensure their identity;(b)the 1st petitioner shall furnish his residential address and mobile numberto the learned District Munsif cum Judicial Magistrate, Aathoor, Dindigul District.In the event of any change in his residential address, the 1st petitioner shall reportthe same to the learned District Munsif cum Judicial Magistrate, Aathoor, DindigulDistrict;(c) the 1st petitioner shall report before the respondent police daily at 10.30a.m., until further orders;(d) the 1st petitioner shall not tamper with evidence or witness either duringinvestigation or trial;(e) the 1st petitioner shall not abscond either during investigation or trial;(f) on breach of any of the aforesaid conditions, the learned Magistrate/ TrialCourt is entitled to take appropriate action against the 1st petitioner in accordancewith law as if the conditions have been imposed and the 1st petitioner released on5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.11097 of 2025bail by the learned Magistrate/Trial Court himself as laid down by the Hon'bleSupreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;(g) if the accused/1st petitioner thereafter abscond, a fresh FIR can beregistered under Section 269 of BNS, 2023.8. Accordingly, this Criminal Original Petition is allowed as against the 1stpetitioner and dismissed as not pressed as against the 2nd petitioner. sd/- 01/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. mkn TO1.The District Munsif cum Judicial MagistrateCourt, Aathoor, Dindigul District.2. Do Through The Chief Judicial Magistrate, Dindigul District. 3.The Sub Inspector of Police, Sempatti Police Station,Dindigul.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.11097 of 2025 ORDER IN CRL OP(MD) No.11097 of 2025 Date :01/07/2025 HPS/14.07.2025 /7P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7