Vishvanathan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.2364 of 2025

1. Vishvanathan

2. Sivaraj

3. Ayyanar ... Petitioners/Accused Nos. 1, 2 & 4 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Kadupatti Police Station, Madurai District.

Crime No. 168/2024..

... Respondent/Complainant For Petitioners : M.Thiyagarajan, 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. 168 /2024 on the file of the Respondent Police.

1/5

ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 04.02.2025 under Section 482 of the 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 191(2), 191(3), 296(b), 115(2), 118(1) and 351(3) of BNS, in Crime No.168 of 2024 on the file of the respondent police.

3. The case of the prosecution is that, due to previous motive, the petitioners herein are said to have attacked the defacto complainant with stones and abused him in filthy language and also threatened with dire consequences. Hence, the complaint.

4. Mr.M.Thiyagarajan, the learned counsel for the petitioners, submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submits that the petitioners are willing to abide by any conditions imposed by this Court. He therefore prayed to grant of pre-arrest bail to the petitioners.

2/5

5. Per contra, Mr.K.Sanjay Gandhi, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that there was a previous dispute between the petitioners and the defacto complainant and the injured was discharged from the hospital. However, he vehemently opposed to grant pre-arrest bail to the petitioners.

6. Heard on both sides. This Court has perused the records.

7. The petitioners have permanent residence and deep roots in the society. Hence, there is less possibility of absconding. Considering the nature of offence and considering the fact that the defacto complainant was discharged from the hospital, this Court is inclined to grant pre-arrest bail to the petitioners. Accordingly, prearrest bail is granted to the petitioners subject to the following conditions: (i) The petitioners shall be released on pre-arrest bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate, Vadipatti, Madurai 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) each 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. 3/5

(ii) Thereafter, the petitioners shall appear and sign before the respondent police daily at 10.30 a.m. until further orders. (iii) 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.

(iv) The petitioners shall furnish their residential address and mobile number to the concerned Magistrate.

(v) The petitioners shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; (vi) 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 petitioners 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].

4/5

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

Sd/- 06/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI, MADURAI DISTRICT.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, KADUPATTI POLICE STATION, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.2364 of 2025 Date :06/02/2025 ES/SKN/SAR-1 /20.02.2025/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

5/5