Gopikannan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2025 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL 1.Gopikannan 2.Vellaisamy 3.Kesavan ... Petitioners/Accused Rank Not Known Vs.
State rep., by The Inspector of Police, Chinnalapatti Police Station, Dindigul District.
Crime No.77 of 2025 ... Respondent /Complainant PRAYER :- The Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioners on bail in the event of their arrest in connection with Crime No.77 of 2025 on the file of the respondent-police.
For Petitioners :
Mr.P.Manikandan For Respondent :
Mr.K.Sanjai Gandhi Government Advocate (crl.side) ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 12.03.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying 1/6
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 296(b), 115(1), 329(4), 324(4), 324(5) and 351(2) of BNS, 2023 and Section 4 of TNPHW Act, 2002, in Crime No.77 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that due to previous motive, the accused persons trespassed into the house of the defacto complainant, abused him in filthy language, attacked him, and also threatened with dire consequences. Hence, the case.
4. Mr.P.Manikandan, the learned counsel for the petitioners, submits that the petitioners are innocent persons, and 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 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, learned Government Advocate (crl.side) appearing for the respondent-police submits that totally, there are three accused persons in this case, and that there are case and counter case. He further submits that due to previous motive, the petitioners assaulted the defacto complainant and 2/6
caused injury on his head, chest and shoulder and that the defacto complainant was admitted in the hospital on 08.03.2025 and discharged from the hospital on 12.03.2025. He further submits that the petitioners have no previous case. He however submits that if pre-arrest bail is granted to the petitioners, they will cause threat to the defacto complainant and witnesses. Hence, he prays for dismissal of this petition.
6. Heard on both sides. This Court has perused the records.
7. In view of the offences allegedly committed by the petitioners and the facts and circumstances of the case, this Court is of the opinion that the custodial interrogation of the petitioners is not necessary in this case. Further, the petitioners have permanent residence. Hence, there is less possibility of absconding. Considering the same 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. 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, Athur, Dindigul, 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) 3/6
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, Athur, Dindigul.
(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 appear and sign before the respondent- police, weekly twice i.e., on every Monday and Friday at 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 not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. (vii) The petitioners shall not leave India without the previous permission of the Court.
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(viii) The petitioners shall furnish their residential address and mobile number to the concerned Magistrate.
(ix) The petitioners shall not enter into the residence of the defacto complainant or his work place.
(x) On breach of any of the aforementioned conditions, the learned Judicial 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 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/- 14/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
RMK TO 1 THE JUDICIAL MAGISTRATE ATHUR, DINDIGUL DISTRICT.
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2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
3 THE INSPECTOR OF POLICE, CHINNALAPATTI POLICE STATION, DINDIGUL DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.4799 of 2025 Date :14/03/2025 HPS/SAR / 02.04.2025/6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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