Madhusoodhanan Nair, v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.04.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL 1.Madhusoodhanan Nair 2.George Joseph 3.Nandhu @ K.Nandalal ... Petitioners/Accused Rank Not Known Vs The State of Tamil Nadu, Rep by the Inspector of Police, Munneerpallam Police Station, Tirunelveli District.
Crime No.577 of 2024 ... Respondent/Complainant For Petitioners :
Mr.K.P.Narayanakumar For Respondent :
Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.577 of 2024 on the file of the respondent-police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 24.01.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.
2. The petitioners apprehend arrest at the hands of the respondent-police for the offences punishable under Sections 329(3), 270 and 271 of Bharatiya Nyaya 1/5
Sanhita (BNS), 2023, Section 5 of Environment Protection Act, 1986 and Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 in Crime No.577 of 2024 on the file of the respondent-police.
3. The case of the prosecution is that some unknown persons have dumped medical waste in the property that belongs to Pillaiyan Kattalai and it caused contamination of soil and water. Hence, the case.
4. Mr.K.P.Narayanakumar, learned counsel appearing for the petitioners submits that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. He however submits that the petitioners are ready to abide by any conditions to be imposed by this Court. Hence, he prays for grant of pre-arrest bail to the petitioners.
5. Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.Side) appearing for the respondent-police, submits that the petitioners appeared before the respondentPolice and co-operated with the investigation agency. He fairly submits that the custodial interrogation of the petitioners may not be required for the investigation agency.
6. Heard on both sides. This Court has perused the records.
7. Considering the facts and circumstances of the case and in view of the submission made by the learned Government Advocate (Criminal Side) and taking 2/5
note of the conduct of the petitioners, this Court is inclined to grant an order of prearrest bail to the petitioners subject to the following conditions: (i) The petitioners shall be released on bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate No.V, Tirunelveli, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate No.V, Tirunelveli;
(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;
(iii) The petitioners shall make themselves available for interrogation by a police officer as and when required;
(iv) 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 to dissuade him from disclosing such facts to the Court or to any police officer; 3/5
(v) The petitioners shall not leave India without the previous permission of the Court;
(vi) Thereafter, the petitioners shall appear and sign before the respondentPolice weekly once i.e., on every Monday at 10.00 a.m. until further orders; (vii) The petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.V, Tirunelveli; (viii) The petitioners shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; and (ix) On breach of any of the aforementioned conditions, concerned Magistrate, or Trial Court as the case may be, is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by them 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 the conditions stated supra.
sd/- 01/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
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mbi TO 1 THE JUDICIAL MAGISTRATE NO.V,TIRUNELVELI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE MUNNEERPALLAM POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.P.NARAYANA KUMAR, Advocate ( SR-3763[I] dated 02/04/2025 )
ORDER
IN CRL OP(MD) No.1525 of 2025 Date :01/04/2025 NBF/SAR /30.04.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5