Surendran v. State of Tamil Nadu

CRL.OP(MD). No.21899 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 07.03.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.21899 of 2024Surendran... Petitioner/AccusedVs.1.State of Tamil Nadu, rep by Inspector of Police, AWPS-Karur Police Station, Karur District.... 1st respondent/complainant Crime No.32 of 20242.M.Sudha... 2ndrespondent /Defacto ComplainantPRAYER :- The Criminal Original Petition filed under Section 482 of the BharatiyaNagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioner onanticipatory bail in the event of arrest or surrender in connection with Crime No.32 of2024 on the file of the respondent-police. For Petitioner :Mr.S.Neelam RahuwaranFor R1: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 10.12.20241/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.21899 of 2024under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioner apprehends arrest at the hands of the respondent- police forthe offences punishable under Section 417 of IPC, 1860, Sections 296(b) and 351(3) ofBNS, 2023, and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act,2002, in Crime No.32 of 2024 on the file of the respondent-police.3. The case of the prosecution is that the petitioner and the defacto complainantwere in love with each other. The petitioner, on the false promise of marrying thedefacto complainant, had a physical relationship with her multiple times startingfrom November-2022. He also received a total amount of Rs.3,00,000/- from her. The defacto complainant further bought a two-wheeler for the petitioner, for whichthe loan was repaid by her. The family members of the petitioners also promised toarrange their marriage. However, the petitioner, along with his family members, cheated the defacto complainant and threatened her. Hence, the complaint.4. Mr.S.Neelam Rahuwaran, the learned counsel for the petitioner, submits thatthe petitioner is an innocent person, and he has not committed any offence as allegedby the prosecution. He further submits that the petitioner has been falsely implicatedin this case. He however submits that the petitioner is ready to abide by anyconditions to be imposed by this Court. Accordingly, he prays to grant an order of2/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.21899 of 2024pre-arrest bail to the petitioner.5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (CriminalSide) appearing for the respondent police, submits that the petitioner, along with hisfamily members, on the false promise of marrying the defacto complainant, cheatedher. He therefore prays for dismissal of this petition. 6. Heard on both sides. This Court has perused the records.7. This Court, by an order dated 12.12.2024, referred the matter for medication. The parties were present before the Mediation Centre attached to this Court. Themediation report has been filed before this Court. On persual of the mediation, itreveals that the petitioner agreed to marry the defacto complainant. In view of thesame, this Court is of the opinion that custodial interrogation of the petitioner is notnecessary. Therefore, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to the followingconditions:(i) The petitioner shall be released on pre-arrest bail in the event of his arrest orin the event of his surrender before the learned Additional Mahila Judge, AdditionalMahileer Court, Karur, 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.25,000/- (Rupees TwentyFive Thousand only) along with two sureties each for a like sum of Rs.25,000/-3/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.21899 of 2024(Rupees Twenty Fuve Thousand only) to the satisfaction of the learned AdditionalMahila Judge, Additional Mahileer Court, Karur.(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 Additional Mahila Judge shall obtain a copy of any oneof identity proofs to ensure their identity. (iii) The petitioner shall appear and sign before the respondent police, weeklyonce i.e., on every Sunday at 10.00 am., until further orders. (iv) The petitioner shall make himself available for interrogation by a policeofficer as and when required.(v) The petitioner shall not, directly or indirectly, make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer.(vi) The petitioner shall not, directly or indirectly, cause any threat to thedefacto complainant and her family members and witnesses and shall not tamper theevidence.(vii) The petitioners shall not leave India without the previous permission ofthe Court.(viii) The petitioners shall furnish his residential address and mobile number to4/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.21899 of 2024the learned Additional Mahila Judge.(ix) On breach of any of the aforementioned conditions, the learned AdditionalMahila Judge or Trial Court, as the case may be, is entitled to pass appropriateorders against the petitioner in accordance with law as if the aforementionedconditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 07/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. RMKTO1 THE ADDITIONAL MAHILA JUDGEADDITIONAL MAHILEER COURT,KARUR.2 THE INSPECTOR OF POLICE,AWPS-KARUR POLICE STATION,KARUR DISTRICT.5/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.21899 of 20243 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.21899 of 2024 Date :07/03/2025 HPS/SAR / 03.04.2025/6P/4CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 6/6