Sivakumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL 1.Sivakumar 2.Murugan ... Petitioners/A1 & A6 Vs The State of Tamilnadu, Rep by the Inspector of Police, Chinthamanipatti Police Station, Karur District.
Crime No.9 of 2025 ... Respondent/Complainant For Petitioner : Mr.V.Karuna, 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.9 of 2025 on the file of the Respondent Police. 1/6
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 the Bharatiya Nagarik Suraksha Sanhita praying to grant an order of pre-arrest bail.
2. The petitioners/A1 & A6, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 191(2), 191(3), 296(b), 118(1) and 351(3) of BNS in Crime No.9 of 2025 on the file of the respondent-police.
3. The case of prosecution is that on 16.01.2025, at about 08.00 pm., the first and second accused persons in Crime No.9 of 2025 came in two-wheeler near the defacto complainant's house. At that time, the defacto complainant and her relatives questioned the same, due to which, there was a wordy quarrel and the accused persons attacked the defacto complainant and others. Hence, the case.
4. Mr.V.Karuna, learned counsel appearing for petitioners, submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays to grant pre-arrest bail to the petitioners.
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5. Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side) appearing for respondent-police, submits that there are totally 8 accused in this case and it is a case in counter. He further submits that the injured was discharged from the hospital on 03.02.2025. However, he vehemently opposes to grant pre-arrest bail to the petitioners.
6. Heard on both sides. This Court has perused the records.
7. It is stated that petitioners and the defacto complainant are relatives and they have civil dispute. Due to the civil dispute alleged offence happened. The petitioners have permanent residence and deep roots in the society. Hence, there is less possibility of absconding. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the injured had been discharged from the hospital, this Court is inclined to grant 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 No.I, Kulithalai, Karur 3/6
District, within a period of 15 days from the date on which this 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/- to the satisfaction of the learned Judicial Magistrate NO.I, Kulithalai, Karur District. (ii) The petitioners shall appear and sign before the respondent Police 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 shall obtain a copy of any one of identity proofs to ensure their identity;
(iv) The petitioners shall not enter into the defacto complainant's residence; (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 Magistrate 4/6
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].
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 (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
Rmk TO 1.THE JUDICIAL MAGISTRATE NO.I, KULITHALAI, KARUR DISTRICT, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR 3.THE INSPECTOR OF POLICE, CHINTHAMANIPATTI POLICE STATION, KARUR DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.V.KARUNA, Advocate ( SR-1462[I] dated 07/02/2025 ) 5/6
ORDER
IN CRL OP(MD) No.2448 of 2025 Date :07/02/2025 RK/SKN/ SAR-4 (19/02/2025) 6P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6