Suresh Babu v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.03.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL 1.Suresh Babu 2.N.Thangarasu ... Petitioners/Accused Nos.1 and 2 Vs The State of Tamil Nadu Rep. by the Inspector of Police, Paramakudi Town Police Station, Ramanathapuram.

Crime No.51 of 2025 ... Respondent/Complainant For Petitioners : Mr.B.Duraipandi Advocate For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) For Intervener : Mr.A.S.Vaigunth Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For pre-arrest bail in Crime No.51 of 2025 on the file of the respondent-police. 1/4

ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 21.02.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant an order of pre-arrest bail.

2. The petitioners/Accused Nos.1 and 2 apprehend arrest at the hands of the respondent-Police for the offences punishable under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.51 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that due to the civil dispute between the defacto complainant and the petitioners, on 07.02.2025, the petitioners attacked the defacto complainant, due to which a case in Crime No.37 of 2025 was registered as against the petitioners and a counter case in Crime No.36 of 2025 was registered as against the defacto complainant and his family members. While so, the petitioners affixed posters in Paramakudi Town by stating that teachers become rowdy and damaged the reputation of the defacto complainant and his wife. Hence, this case.

4. Mr.B.Duraipandi, the learned counsel appearing for the petitioner, submits that the petitioners are innocent persons and that they have not committed any offence as alleged by the prosecution. He further submits that the petitioners have been falsely implicated in this case. He however submits that the petitioners are 2/4

ready to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of pre-arrest bail to the petitioners.

5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Crl.Side) appearing for the respondent-Police, on instructions, submits that due to the civil dispute, already the petitioners attacked the defacto complainant, due to which Crime No.37 of 2025 was registered, and again, they tried to damage the reputation of the defacto complainant and his wife by affixing posters with derogatory remarks. He further submits that if pre-arrest bail is granted to the petitioners, they may commit similar offence and cause threat to the defacto complainant and his family members. However, he prays to dismiss this Criminal Original Petition.

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

7. The petitioners affixed posters with the images of the defacto complainant and his wife and with the quote that the teacher couple behaved like a rowdy in a property dispute so that damaging the respondent-police as well as the school education to take appropriate action against him and also spread this through Social Media. Due to the stigma, defacto complainant's wife consumed poison and was admitted in the hospital. As on date, she is monitored by the Doctors. In view of the conduct of the petitioners, this Court is of the opinion that if pre-arrest bail is granted to the petitioners, they may commit similar offence and cause threat to the defacto 3/4

complainant and his wife. Hence, this Court is not inclined to grant pre-arrest bail to the petitioners.

8. Accordingly, this Criminal Original Petition is dismissed. sd/- 24/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S.I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, PARAMAKUDI TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.3554 of 2025 Date :24/03/2025 PP//SAR-(15.04.2025) 4P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4