Chinnadurai v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Chinnadurai ... Petitioner/Accused No.3 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Manapparai Police Station, Trichy.

Cr. No.59 of 2025. ... Respondent/Complainant For Petitioner : Mr.S.M.Anantha Murugan For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.59 of 2025 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 17.03.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

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2. The petitioner/Accused No.3 apprehends arrest at the hands of the respondent-Police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of Bharatiya Nyaya Sanhita, 2023, in Crime No.59 of 2025, on the file of the respondent-police.

3. The case of the prosecution is that petitioner and the defacto complainant are close relatives. Due to the civil dispute between the defacto complainant and A1, who is the brother of the defacto complainant, on 11.02.2025, at about 9.00 a.m., the petitioner, along with other accused persons/A1 and A2 entered into the house of the defacto complainant, abused him in filthy language, attacked him with iron lock chain in his knee and gave a life threat. Hence, this case.

4. Mr.S.M.Anantha 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 further submits that the petitioner has no previous case. He further submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of prearrest bail to the petitioner.

5. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Crl.Side) appearing for the respondent-Police, submits that the injured was admitted in the 2/6

hospital on 17.02.2025 and discharged on 24.02.2025 and the petitioner has no previous case. He further submits that if pre-arrest bail is granted to the petitioner, he may commit similar type of offence and cause threat to the defacto complainant. 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. Hence, there is less possibility of absconding. The petitioner has no previous case. The injured was also discharged from the hospital. Considering the same and also considering the facts and circumstances of the case, the nature of the offence as alleged by the prosecution, and relationship between the parties, and with a view to give an opportunity to the petitioner, 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, Manapparai, Trichy, 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.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, Manapparai, Trichy;

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(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, Manapparai, Trichy shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Manapparai, Trichy; (iv) The petitioner shall appear and sign before the respondent-police weekly twice i.e., on every Monday and Friday at 10.00 a.m., until further orders; (v) The petitioner shall make himself available for interrogation by a police officer as and when required;

(vi) The petitioner shall not enter into the house or workplace of the defacto complainant;

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

(ix) The petitioner shall not, directly or indirectly, cause any threat to the defacto-complainant and witnesses and shall not tamper the evidence; and 4/6

(x) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Manapparai, Trichy, 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/- 19.03.2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

APD TO

1. The Judicial Magistrate, Manapparai, Trichy.

2. Do-Through The Chief Judicial Magistrate, Trichy District.

3.The Inspector of Police, Manapparai Police Station, Trichy.

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4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.M.ANANTHA MURUGAN, Advocate ( SR-3184[I] dated 20/03/2025 )

ORDER

IN CRL OP(MD) No.5010 of 2025 Date : 19/03/2025 SL(04.04.2025)/ 6P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 6/6