Eswaran v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2025 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL 1.Eswaran 2.Mahadevan 3.Ragu ... Petitioners/Accused Nos.1, 3&4 Vs.
The State of Tamil Nadu rep by The Inspector of Police, Rayappanpatti Police Station, Rayappanpatti, Theni District.
(*)(Crime No.34 of 2025) ... Respondent / Complainant PRAYER :- The Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to the petitioners in (*)(Crime No.34 of 2025) on the file of the respondent-police. For Petitioners :
Mr.M.Karuppasamy Pandian For Respondent :
Mr.K.Sanjai Gandhi, Government Advocate (Criminal Side) ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 17.02.2025 1/7
under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to 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 324(4), 296(b) and 118(1) of BNS, in (*)(Crime No.34 of 2025) on the file of the respondent-police.
3. The case of the prosecution is that on 19.01.2025 at about 11.00 p.m., due to previous dispute between the parties, there was a wordy quarrel between the petitioners and the defacto complainant and her husband. At that time, the petitioners abused the defacto complainant and her husband in filthy language, attacked them with stick and threatened them with dire consequences and caused damages to the electricity box, door and bike belongs to the defacto complainant. Hence, the case.
4. Mr.M.Karuppasamy Pandian, the learned counsel for the petitioners, submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He, however, submits that the petitioners are ready to abide by any conditions to be 2/7
imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioners.
5. Per contra, Mr.K.Sanjay Gandhi, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that there are totally 4 accused persons in this case and the petitioners have been arrayed as A1, A3 and A4. He further submits that A2 was arrested and released on bail. He further submits that the petitioners and the defacto complainant are neighbours and there are no previous cases against them. He, however, prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. The petitioners have permanent residence and deep roots in the society. Hence, there is less possibility of absconding. Considering the same and also considering the fact that the injuries sustained by the defacto complainant and her husband are simple in nature and taking note of the fact that there are no previous cases against the petitioners and also with a view to give an opportunity to the petitioners to reform themselves, this Court is inclined to grant pre-arrest bail to the petitioners. Accordingly, pre-arrest bail is granted to the petitioners subject to the following conditions:
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(i) The petitioners shall be released on pre-arrest bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate, Uthamapalayam, Theni District, within a period of 15 days from date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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, Uthamapalayam, Theni District.
(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 petitioners shall appear and sign before the respondent-police daily at 10.00 a.m. until further orders.
(iv) The petitioners shall make themselves available for interrogation by a police officer as and when required.
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(v) The petitioners 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. (vi) The petitioners shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. (vii) The petitioners shall not leave India without the previous permission of the Court.
(viii) The petitioners shall furnish their residential address and mobile number to the concerned Magistrate.
(ix) The petitioners 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 5/7
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.
(*)Amended as per order of the court dt.08/04/2025 in CRL.MP(MD).4707 OF 2025 IN CRL.OP(MD).3054 OF 2025 sd/- 19/02/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO TO BE SUBSTITUTED WITH THE ORDER DATED.19/02/2025 ALREADY DESPATCHED.
1 THE JUDICIAL MAGISTRATE UTHAMAPALAYAM, THENI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
3 THE INSPECTOR OF POLICE, RAYAPPANPATTI POLICE STATION, RAYAPPANPATTI, THENI DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.KARUPPASAMY PANDIAN, Advocate ( SR-4136[I] dated 09/04/2025 )
ORDER
IN CRL OP(MD) No.3054 of 2025 Date :19/02/2025 SS/SKN/SAR- /04/03/2025/ 7P/6C PR/SAR-27/05/2025/7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7