Pappathi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.2973 of 2025 Pappathi ... Petitioner/ Sole Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Kalakadu Police Station, Tirunelveli District.
Crime No. 11/2025. ... Respondent/Complainant For Petitioner : Mr.R. Karunanidhi.
Advocate.
For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory bail in Crime No. 11 of 2025 on the file of the RespondentPolice. 1/6
ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 14.02.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.
2. The petitioner / Sole accused, apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 296(b), 115(2) of Bharatiya Nyaya Sanhita, 2023 and Section 75 of Juvenile Justice ( Care and Protection of Children) Act, 2015 in Crime No.11 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that due to the previous enmity, on 03.01.2025 at about 8.00 am, when the defacto complainant's minor daughter, was playing in front of her and the petitioner abused the defacto complainant's daughter in filthy language and attacked her brutally and pulled her. Hence, the case. 2/6
4. Mr.R.Karunanidhi, the learned counsel for the petitioner, submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. He, however, submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of pre-arrest bail to the petitioner.
5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that it is a case in counter and there is no previous case pending against the petitioner and the injured was discharged from the hospital. He further submits that the investigation of the case is still pending. Hence, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. In view of the offence alleged against the petitioner, this Court is of the view that custodial interrogation is not necessary in this case. The petitioner has permanent residence and deep roots in the society and therefore, there is less possibility for absconding. Considering the same and also considering the facts and 3/6
circumstances of the case and that there are no previous cases pending against the petitioner and taking note of the fact that the injured was discharged from the hospital and with a view to give an opportunity to reform herself, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions.
(i) The petitioner shall be released on pre-arrest bail in the event of her arrest or in the event of her surrender before the learned Judicial Magistrate, Nanguneri, Thirunelveli District, within a period of 15 days from 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) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the said Magistrate. (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 petitioner shall appear and sign before the respondent-police daily at 10.00 am until further orders;
(iv) The petitioner shall make herself available for interrogation by a police officer as and when required.
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(v) The petitioner 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. (vi) The petitioner shall not leave India without the previous permission of the Court.
(vii) The petitioner shall not enter into the defacto complainant's house or her work place.
(viii) The petitioner shall furnish her residential address and mobile number to the concerned Magistrate.
(ix) The petitioner, shall not directly or in directly cause any threat to the defacto complainant, her daughter and the witnesses and tamper with the evidences. (x) On breach of any of the aforementioned conditions, the learned Judicial Magistrate or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions 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].
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8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
Sd/- 18/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
trp TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI, TIRUNELVELI DISTRICT.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE, KALAKKADU POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-1844[I] dated 19/02/2025 ) ORDER IN CRL OP(MD) No.2973 of 2025 Date :18/02/2025 ES/SKN/SAR /03.03.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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