Saravanan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.03.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Saravanan ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep by the Sub Inspector of Police, Sethur Rural Police Station, Virudhunagar District.
Crime No.32 of 2025 ... Respondent/Complainant For Petitioner :
Mrs.Jenifar Bibin 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.32 of 2025 on the file of the respondentpolice. 1/6
ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 10.02.2025 under Section 482 of 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 offences punishable under Sections 296(b) and 351(2) of Bharatiya Nyaya Sanhita (BNS), 2023 and Section 67 of the Information Technology Act, 2000, in Crime No.32 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that the petitioner and the defacto complainant are working at Jameen Kollankondan Primary Health Centre and the defacto complainant is superior to the petitioner. While so, the petitioner has neglected the work allotted to him. The petitioner has been sending messages to the defacto complainant in a sexual manner calling him as a woman and threatening him with criminal intimidation to transfer the petitioner to another place. Hence, the case.
4. Mrs.Jenifar Bibin, learned counsel appearing for the petitioner submits that the petitioner did not commit any offence as alleged by the prosecution, and a false case has been foisted against him. She however submits that the petitioner has appeared before the respondent-Police as per the directions of this Court and is ready to abide by any conditions to be imposed by this Court. Hence, she prays for grant of 2/6
pre-arrest bail to the petitioner.
5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.Side) appearing for the respondent-police, submits that the petitioner has been neglecting his duty, sending messages to the defacto complainant in a sexual manner and also threatening with dire consequences for transfer. He concedes that the petitioner has appeared before the respondent-Police, co-operated for investigation and also surrendered his mobile phone to the respondent-Police. He however submits that if pre-arrest bail is granted to the petitioner, he will commit similar offence and cause threat to the defacto complainant. Hence, he prays for dismissal of this petition.
6. Heard on both sides. This Court has perused the records.
7. It is stated that as directed by this Court on 13.02.2025, the petitioner appeared before the respondent-Police and surrendered his mobile phone to the Investigation Officer and co-operated with the investigation. In view of the facts and circumstances and taking note of the conduct of the petitioner, this Court is of the opinion that the custodial interrogation of the petitioner is not necessary for the Investigation Agency. Hence, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions: (i) The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate, Rajapalayam, within a 3/6
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, Rajapalayam; (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 make himself available for interrogation by a police officer as and when required;
(iv) 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; (v) The petitioner shall not leave India without the previous permission of the Court;
(vi) Thereafter, the petitioner shall appear and sign before the respondent-Police weekly twice i.e., on every Monday and Friday at 10.00 a.m. until further orders; (vii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Rajapalayam; 4/6
(viii) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; and (ix) On breach of any of the aforementioned conditions, concerned 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 them 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/- 14/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MBI TO 1 THE JUDICIAL MAGISTRATE RAJAPALAYAM.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.
5/6
3 THE SUB INSPECTOR OF POLICE, SETHUR RURAL POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.2707 of 2025 Date :14/03/2025 HPS/SAR / 04.04.2025/6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
6/6