Kannusamy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL

1. Kannusamy, S/o. Kuppusamy, No.404, Mullipatti, Punginipatti, Irundhirapatti, Pudukkottai District.

2. Manikkavalli, W/o. Kannusamy, No.404, Mullipatti, Punginipatti, Irundhirapatti, Pudukkottai District.

3. Rajeshwari, D/o. Kannusamy, No.404, Mullipatti, Punginipatti, Irundhirapatti, Pudukkottai District.

... Petitioners/Accused Nos.1 to 3 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Illuppur Police Station, Pudukkottai District.

Crime No. 283/2024.

... Respondent/Complainant 1/5

For Petitioners : Mr.M.Yesudasan, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory bail in Crime No. 283 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 05.02.2025 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 126(2), 296(b), 118(2) and 351(3) of the Bharatiya Nyaya Sanhita (BNS) r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act in Crime No.283 of 2024 on the file of the respondent-Police.

3. The case of the prosecution is that on 24.12.2024, due to wordy quarrel arose between the petitioners and the defacto complainant's mother, the petitioners herein attacked the defacto complainant's mother. While the defacto complainant and her relatives were trying to intervene, the petitioners abused them in filthy language and also threatened with dire consequences. Hence, the complaint.

4. Mr.M.Yesudasan, learned counsel appearing for the petitioners, submits that 2/5

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 prays to grant of prearrest bail to the petitioners.

5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-Police submits that the injured person has been admitted in the hospital on 23.12.2024 and discharged on 28.12.2024. He further submits that there are no previous cases against the petitioners. He prays for dismissal of this petition

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

7. Considering the fact that the petitioners have permanent residence and deep routes in the society and therefore, there is less possibility of absconding and taking note of the fact that there are no bad antecedents against the petitioners and with a view to give one more opportunity to reform themselves in the society and taking note of the fact that the petitioners are first offenders, this Court is inclined to grant an order of pre-arrest 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, Illuppur, within a period of fifteen days from the date on which the order copy is made ready, on 3/5

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, Illuppur; (ii) Thereafter, the petitioners shall appear and sign before the respondentPolice daily at 10.00 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, Illuppur, 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 learned Judicial Magistrate, Illuppur;

(v) The petitioners shall not, directly or indirectly, cause any threat to the defacto complainant and shall not enter into the defacto complainant's house and shall not tamper the evidence; and (vi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Illuppur 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/- 07/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE JUDICIAL MAGISTRATE, ILLUPPUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, ILLUPPUR POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER IN CRL OP(MD) No.2446 of 2025 Date :07/02/2025 SA/SKN/SAR.2 /20.02.2025/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5