M. Ragunathan v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2025 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL M.Ragunathan ... Petitioner / Sole Accused Vs.

The State rep by, The Inspector of Police, All Women Police Station, Thiruverumbur, Trichy District.

(Crime No.3 of 2025) ... Respondent /Complainant PRAYER: Criminal Original Petition filed under Section 482 of BNSS praying to enlarge the petitioner on pre-arrest bail in connection with the case in Crime No.3 of 2025 on the file of the respondent police.

For Petitioner :

Mr.K.Chinraj, Advocate For Respondent :

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

M/s.R.Yamuna, Advocate 1/6

ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 07.02.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioner apprehends arrest at the hands of the respondent- police for the offence punishable under Sections 318(2), 318(4), 115, 351(2) of BNS, 2023, in Crime No.3 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that the defacto complainant and the petitioner herein were gym friends and eventually fell in love with each other. In the meantime, the defacto complainant sent money to the petitioner on various occasions, amounting to a total of Rs. 1,50,000/-. The petitioner had assured her that he would marry her but later cheated the defacto complainant. Subsequently, the petitioner attacked the defacto complainant with deadly weapons on multiple occasions. Hence, the defacto complainant lodged a complaint with the respondentpolice, based on which the present case has been registered.

4. Mr.K.Chinraj, the learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that a false case has been foisted against the petitioner. He however submits that the petitioner is ready to abide by any 2/6

conditions that may be imposed by this Court. Accordingly, he prays for grant of pre-arrest bail.

5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional Public Prosecutor appearing for the respondent-police, submits that the accused persons attacked the defacto complainant with deadly weapons on multiple occasions. He therefore contends that if pre-arrest bail is granted to the petitioner, he will cause threat to the defacto complainant and tamper with the evidence. Therefore, he submits that custodial interrogation of the petitioner is necessary in this case. Accordingly, he prays to dismiss this Criminal Original Petition.

6. M/s.R.Yamuna, the learned counsel for the intervener / defacto complainant submits in the line of the learned Additional Public Prosecutor appearing for the respondent police.

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

8. The petitioner has permanent residence. Hence, there is less possibility of absconding. Considering the same, and also considering the facts and circumstances of the case, and the nature of the offence allegedly committed by the petitioner, and with a view to give one more opportunity to the petitioner to reform himself, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to the following conditions: 3/6

(i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate, Additional Mahila Court, Tiruchirappalli, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate, Additional Mahila Court, Tiruchirappalli.

(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 a.m. until further orders.

(iv) The petitioner shall make himself available for interrogation by a police officer as and when required.

(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. 4/6

(vi) The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. (vii) The petitioner shall not leave India without the previous permission of the Court.

(viii) The petitioner shall furnish his residential address and mobile number to the concerned Magistrate.

(ix) The petitioner shall not enter into the defacto complainant's house or her work place.

(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].

5/6

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

sd/- 04/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

pal To 1 THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, TRICHY.

2 THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT.

3.The Inspector of Police, All Women Police Station, Thiruverumbur, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.2624 of 2025 Date :04/04/2025 MK/SAR /30.04.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6