Chinnandu @ Krishnan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Chinnandu @ Krishnan, S/o.Muthu, 1/19, East Street, Muthupatty, Mandalamanikam, Ramanathapuram District.
... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Kamuthi Police Station, Ramanathapuram District.
Crime No.28 of 2025 ... Respondent/Complainant For Petitioner : Mr.S.Karthick Ramkumar, Advocate.
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.28 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 petitioner on 07.03.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant pre-arrest bail.
2. The petitioner / Accused No.1 apprehends arrest at the hands of the respondent-Police for the offences punishable under Section 189(2), 296(b), 118(1), 351(2) and 303(2) of BNS, 2023 in Crime No.28 of 2025 on the file of the respondentPolice.
3. The case of the prosecution is that the defacto complainant runs a Man power Security Company under the name and style of "MTS Man Power Solution Security". On 12.02.2025, at about 11:00 a.m., the petitioner entered into the Deo Solar Company for road contract work without obtaining any permission from the security personnel. The security, then, informed the defacto complainant about this. When the defacto complainant questioned the petitioner over the phone, the petitioner allegedly abused him by using filthy language. Later, on the very same day, at about 8:45 p.m., the petitioner, along with nine others, attacked the defacto complainant with an iron rod and a knife, causing injuries, and snatched threesovereigns of gold chain from him. Hence, the complaint.
4. Mr.S.Karthick Ramkumar, learned counsel appearing for the petitioner, 2/6
submits that the petitioner has nothing to do with the alleged offence, and that a false case has been foisted against the petitioner. He however submits that the petitioner is ready to abide by any conditions that may be imposed by this Court, and co-operate with the investigation. He further submits that except the petitioner herein, all other accused persons were released on bail by the concerned Court. Therefore, he prays for granting pre-arrest bail to the petitioner.
5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal side) appearing for the respondent-Police, submits that the petitioner along with other accused persons attacked the defacto complainant with a knife and an iron rod, due to which the defacto complainant sustained injuries. He further submits that the defacto complainant was treated as an out-patient. However, he submits that if pre-arrest bail is granted 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 therefore, there is less possibility for absconding. Considering the same, and also considering the fact that except the petitioner herein, all other accused persons were enlarged on bail by the concerned Court, and with a view to give an opportunity to 3/6
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 District Munsif cum Judicial Magistrate, Kamuthi, 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 District Munsif cum Judicial Magistrate, Kamuthi;
(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 District Munsif cum Judicial Magistrate, Kamuthi, 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 daily 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 4/6
from disclosing such facts to the Court or to any police officer; (vi) The petitioner shall not leave India without the previous permission of the Court;
(vii) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; (viii) The petitioner shall furnish his residential address and mobile number to the learned District Munsif cum Judicial Magistrate, Kamuthi; and (ix) On breach of any of the aforementioned conditions, the learned District Munsif cum Judicial Magistrate, Kamuthi 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/- 18.03.2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TSG TO 1.The District Munsif cum Judicial Magistrate, Kamuthi.
2.Do through the Chief Judicial Magistrate, Ramanathapuram District.
3.The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.4516 of 2025 Date : 18/03/2025 SL(01.04.2025)/ 6P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 6/6