Karan 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. Karan

2. Adaikalam

3. Ajith @ Ajithkumar ... Petitioners/Accused Nos.8, 9 & 14 Vs The Inspector of Police, Nagudi Police Station, Pudukottai District.

(Crime No. 9 of 2025) ... Respondent/Complainant For Petitioners :

Mr.S.Shanmugasundaram, Advocate.

For Respondent :

Mr.R.Meenakshi Sundaram, Additional Public Prosecutor For Intervener :

Mr.S.Krishnakumar, Advocate 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. 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 1/5

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 296(b), 126(2), 115 (2), 118(1) 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.09 of 2025 on the file of the respondentpolice.

3. The case of the prosecution is that on 16.01.2025, due to wordy quarrel arose between the petitioners and the defacto complainant, the petitioners herein attacked the defacto complainant with wooden logs and abused him in filthy language and also threatened with dire consequences. Hence, the complaint.

4. Mr.S.Shanmugasundaram, learned counsel appearing 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 further submits that this Court had already granted pre-arrest bail to the co-accused persons in Crl.O.P. (MD).No.1675 of 2025, by an order dated 29.01.2025. He therefore prays for grant of pre-arrest 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 2/5

admitted in the hospital on 16.01.2025 and discharged on 19.01.2025. 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 roots in the society and therefore, there is less possibility of absconding and with a view to give one more opportunity to reform themselves in the society, 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, Aranthangi, within a period of fifteen 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, Aranthangi; (ii) Thereafter, the petitioners shall appear and sign before the respondentPolice as and when required for interrogation; (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, Aranthangi, shall obtain a copy of 3/5

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, Aranthangi;

(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, Aranthangi 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].

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 4/5

TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT. 3 THE INSPECTOR OF POLICE, NAGUDI POLICE STATION, PUDUKOTTAI DISTRICT.

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

+1 CC to M/s.S.SHANMUGASUNDARAM, Advocate (SR-1484[I] dated 07/02/2025)

ORDER

IN CRL OP(MD) No.2449 of 2025 Date :07/02/2025 RS/SKN/SAR-(19.02.2025) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5