Prakash @ Pusali Prakash Perumal v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.02.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL 1.Prakash @ Pusali Prakash Perumal 2.Kasammal @ Pusali Kasamma ... Petitioners/Accused rank not known Vs The State of Tamil Nadu, Rep by the Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

Crime No.26 of 2025 ... Respondent/Complainant For Petitioners :

Mr.B.Arun 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.26 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 petitioners on 18.02.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) 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 191(2), 296(2), 115(2), 118(2) and 351(2) of Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.26 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that due to the previous enmity, the petitioners abused the defacto complainant in filthy language and attacked him. Hence, the case.

4. Mr.B.Arun, learned counsel appearing for the petitioners submits that a false case has been foisted against the petitioners and the petitioners have not committed any offence as alleged by the prosecution. He further submits that in fact, the defacto complainant assaulted the second petitioner and they have also lodged a complaint against the defacto complainant and it is a case in counter. He however submits that the petitioners are ready to abide by any conditions imposed by this Court. Hence, he prays for grant of pre-arrest bail to the petitioners.

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

in this case and that the first petitioner / A1 is the son and the second petitioner / A2 is the mother. He further submits that the defacto complainant is the son-in-law of the second petitioner / A2 and the petitioners attacked the defacto complainant with iron rod and caused head injury to him. He further submits that the defacto complainant was admitted in the Hospital on 10.02.205 and discharged on 16.02.2025. However, he prays to dismiss this Criminal Original Petition.

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

7. The petitioners are permanent residents and have deep roots in the Society. Therefore, there is less possibility of absconding. Considering the above and considering the relationship between the parties and considering the fact that the defacto complainant was admitted in the Hospital on 10.02.205 and discharged on 16.02.2025 and with a view to give an opportunity to the petitioners to reform themselves, this Court is inclined to grant an order of pre-arrest bail to the petitioners subject to the following conditions:

(i) The petitioners shall be released on bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate No.I, Usilampatti, Madurai District, 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) each along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten 3/6

Thousand only) to the satisfaction of the learned Judicial Magistrate No.I, Usilampatti, Madurai 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 make themselves available for interrogation by a police officer as and when required;

(iv) 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; (v) The petitioners shall not leave India without the previous permission of the Court;

(vi) Thereafter, the petitioners shall appear and sign before the respondentPolice daily at 10.00 a.m. until further orders; (vii) The petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.I, Usilampatti, Madurai District; (viii) The petitioners shall not enter into the defacto complainant's house or workplace;

4/6

(ix) The petitioners shall not try to contact the defacto complainant either directly or through any electronic mode;

(x) The petitioners shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; and (xi) 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 petitioners 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/- 20/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MBI TO 1 THE JUDICIAL MAGISTRATE NO.I USILAMPATTI, MADURAI DISTRICT.

5/6

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, USILAMPATTI TALUK POLICE STATION, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.B.ARUN, Advocate ( SR-1942[I] dated 21/02/2025 )

ORDER

IN CRL OP(MD) No.3239 of 2025 Date :20/02/2025 SS/SKN/SAR- /05/03/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6