Rajesh v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL
1. Rajesh
2. Ponnuthai
3. Subramanian ... Petitioners/A1 to A3 Vs The State of Tamilnadu, Rep by the Sub Inspector of Police, Seethaparpanallur Police Station, Tenkasi District.
Crime No.49 of 2025. ... Respondent/Complainant For Petitioners : Mr. P.Veerapandi Advocate.
For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-33AB. For Anticipatory Bail in Crime no.49 of 2025 on the file of the Respondent-Police.
ORDER : The Court made the following order :- 1/7
This Criminal Original Petition has been filed by the petitioners on 06.03.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.
2. The petitioners / A1 to A3 apprehend arrest at the hands of the respondentpolice for the offences punishable under Sections 296(b), 131, 127(2), 351(3) of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, in Crime No.49 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that the marriage between A1 and the defacto complainant was solemnized on 08.11.2024. Due to matrimonial dispute, the defacto complainant separated from A1. On 15.02.2025 at about 2.00 pm, when the defacto complainant and her family members came to the petitioners house, there was a wordy quarrel arose between them. At that time, the petitioners have attacked them and also threatened the defacto complainant with dire consequences. Hence, the case.
4. Mr.P.Veerapandi, the learned counsel for the petitioners, submits that the 2/7
petitioners are innocent persons, they have not committed any offence as alleged by the prosecution, and they have been falsely implicated in this case. He further submits that the 1st petitioner is the husband and the petitioners 2 and 3 are in-laws of the defacto complainant and only with a view to wreak vengeance a false complaint has been given against the petitioners. He however submits that the petitioners are 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 petitioners.
5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that due to family dispute, the petitioners forcibly obtained signature in un-registered document from the defacto complainant. He further submits that no one sustained injury in the said occurrence. He further submits submits that the investigation of the case is pending and therefore, at this stage, if the pre-arrest bail is granted to the petitioners, they may 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. 3/7
7. The petitioners have permanent residence and deep roots in the society. Therefore, 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 alleged against the petitioners and taking note of the facts that this is a family dispute with regard to getting signature in the un-registered document, and no one has sustained injury in the said occurrence, 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: (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, Alangulam, 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 Thousand only) to the satisfaction of the learned Judicial Magistrate, Alangulam. (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, Alangulam shall obtain a copy of any one of identity proofs to ensure their identity.
10.00 am until further orders.
(iv) The petitioners shall make themselves available for interrogation by a police officer as and when required.
(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 also not directly or in directly cause any threat to the defacto complainant and witnesses and tamper with 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 learned Judicial Magistrate, Alangulam. (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 Judicial Magistrate, Alangulam 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 him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
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8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 11/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO
1. The Judicial Magistrate, Alangulam
2. Do-Through The Chief Judicial Magistrate, Tenkasi District.
3. The Sub Inspector of Police, Seethaparpanallur Police Station, Tenkasi District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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+1 CC to M/s.P.VEERAPANDI, Advocate ( SR-2745[I] dated 13/03/2025 ) ORDER IN CRL OP(MD) No.4443 of 2025 Date : 11/03/2025 VN (26/03/2025) 7 P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 7/7