Lalithsingh Kovil Pitchai v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2025 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL Lalithsingh Kovil Pitchai ... Petitioner / Accused Vs.

The State of Tamil Nadu rep by The Inspector of Police, Kalakadu Police Station, Tirunelveli District.

(Crime No.151 of 2025) ... Respondent /Complainant (Amended as per order of the Court dated 11.03.2025 in Crl.M.P.(MD).No.3274 of 2025 in Crl.O.P.(MD).No. 3151 of 2025.) 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 petitioner in Crime No.151 of 2025 on the file of the respondent police. For Petitioner :

Mr.T.A.Ebenezer, Advocate 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 petitioner on 17.02.2025 1/6

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 offences punishable under Sections 296(b), 351(2) of BNS, 2023 and Section 4 of TNPHW Act, in Crime No.151 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that the petitioner and the defacto complainant are neighbours. It is alleged that the petitioner was opening the public drinking water tap on his own and was interfering with the water supply system, thereby preventing the defacto complainant from receiving water properly. When the defacto complainant questioned the same, the petitioner is said to have abused him in filthy language and assaulted him. Hence, the present case.

4. Mr.T.A.Ebenezer, 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 conditions to be imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.

5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the accused 2/6

person assaulted the defacto complainant and threatened with dire consequences. He further submits that due to injury, the injured was admitted in the hospital and discharged. He further submits that there are no previous cases against the petitioner. However, 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 therefore, there is less possibility of absconding. Considering the same and also considering the fact that the injured was discharged and the nature of the offence allegedly committed by the petitioner, and taking note of the fact that there are no previous cases against the petitioner, and with a view to give an opportunity to the petitioner to reform himself, 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 pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate, Nanguneri, 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, Nanguneri.

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 weekly twice i.e., on every Monday and Friday 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. (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) 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 4/6

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/- 26/03/2025 // True Copy // / /2025 Sub Assistant Registrar (CS - I/II/III/IV) Madurai Bench of Madras High Court, Madurai.

pal To 1.The Judicial Magistrate, Nanguneri.

2.Do through The Chief Judicial Magistrate, Tirunelveli.

3.The Inspector of Police, Kalakadu Police Station, Tirunelveli District.

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

5/6

Order made in 26.03.2025 BV (05/05/2025) 6P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 6/6