Gurusamy v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Gurusamy ... Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.
Crime No. 84/2025.
... Respondent/Complainant For Petitioner : Mr.S.Saravanan 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.84 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 petitioner on 12.02.2025 1/5
under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant an order of pre-arrest bail.
2. The petitioner/Accused No.2 apprehends arrest at the hands of the respondent-Police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.84 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that on 03.02.2025, at about 7:30 a.m., near Krishna Nagar Venkateswara Hospital bus stop, the petitioner and other accused persons, in order to get permission for Kabadi Match, assaulted the defacto complainant with iron rod causing simple injury and abused him in filthy language. Hence, this case.
4. Mr.S.Saravanan, the learned counsel appearing 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 due to prior motive, the petitioner has been falsely implicated in this case. Hence, he prays for grant of pre-arrest bail to the petitioner.
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5. Mr.K.Sanjai Gandhi, the learned Government Advocate (Crl.Side) appearing for the respondent-Police, submits that the petitioner has one previous case. He, further, submits that the injured/defacto complainant was admitted in hospital on 03.02.2025 and also discharged on 06.02.2025. He further submits that if this Court grants pre-arrest bail to the petitioner, he may cause threat to the defacto complainant and witnesses. Hence, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. The petitioner has permanent residence and deep roots in the society and hence, there is less possibility of absconding. Considering the same and considering the facts and circumstances of the case and taking note of the facts that the injured was discharged from the hospital and the petitioner has one previous case and with a view to give one more opportunity to the petitioner, 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, No.II, Kovilpatti, within a period of 15 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) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the Judicial Magistrate, No.II, Kovilpatti; (ii) Thereafter, the petitioner 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, No.II, Kovilpatti, shall obtain a copy of any one of identity proofs to ensure their identity; (iv) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, No.II, Kovilpatti; (v) The petitioner shall not, directly or indirectly, cause any threat to the defacto-complainant and witnesses and shall not tamper the evidence; and (vi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, No.II, Kovilpatti, 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]. 4/5
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 14/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
APD TO 1 THE JUDICIAL MAGISTRTE NO.II KOVILPATTI 2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3 THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.SARAVANAN, Advocate ( SR-1690[I] dated 14/02/2025 )
ORDER
IN CRL OP(MD) No.2799 of 2025 Date :14/02/2025 SS/SKN/SAR- /25/02/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5