Dineshpandi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Dineshpandi ... Petitioner/Accused- rank not known Vs The State of Tamil Nadu, Rep by the Inspector of Police, Usilampatti Town Police Station, Madurai.

Cr. No. 520 of 2024.

... Respondent/Complainant For Petitioner : Mr.C.Senthil Murugan 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.520 of 2024 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 24.02.2025 1/6

under Section 482 of 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 115(2), 351(2) & 132 of Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.520 of 2024, on the file of the respondent-police.

3. The case of the prosecution is that on the date of occurrence, the petitioner along with other accused persons, went to private recreation club to consume liquor. While purchasing liquor, there was a wordy quarrel between the other accused persons and the club employees. In the meanwhile, the police arrived the spot and again, the other accused persons quarreled with the police. Hence, this case.

4. Mr.C.Senthil Murugan, 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 the petitioner has been falsely implicated in this case. He however submits that the petitioner is ready to abide by the conditions that may be imposed by this Court. 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 assaulted the defacto complainant with his hands and based on the complaint of the defacto complainant, the petitioner has been arrayed as Accused No.2. He further submits that the petitioner has three previous cases. He further submits that if this Court grants prearrest bail to the petitioner, he will 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 and hence, there is less possibility of absconding. Considering the same and also considering the facts and circumstances of the case and the nature of the offence allegedly committed by the petitioner and with a view to give one more opportunity to the petitioner to reform himself, this Court is inclined to grant an order of prearrest 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.1, Usilampatti, within a period of 15 days from the date on which the order copy is made ready, on 3/6

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 learned Judicial Magistrate No.1, Usilampatti. Among two sureties, one shall be a blood surety; (ii) Thereafter, the petitioner shall appear and sign before the respondentpolice daily at 10.00 a.m. and 5.00 p.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.1, Usilampatti 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.1, Usilampatti; (v) The petitioner shall make himself available for interrogation by a police officer as and when required;

(vi) 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; (vii) The petitioner shall not leave India without previous permission of the Court;

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(viii) The petitioner shall not enter into the house or work place of the defacto complainant;

(viii) The petitioner shall not, directly or indirectly, cause any threat to the defacto-complainant and witnesses and shall not tamper the evidence; and (ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate No.1, Usilampatti, 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].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 26/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

APD TO 1 THE JUDICIAL MAGISTRATE NO.I USILAMPATTI.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

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

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

ORDER

IN CRL OP(MD) No.3591 of 2025 Date :26/02/2025 SS/SKN/SAR- /10/03/2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6