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Madras High CourtCRL OP(MD)/5222/2025allowed

Adisedan v. The State Of Tamilnadu

2025-03-21Honourable Mr.Justice R.Sakthivel5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.03.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.5222 of 2025 Adisedan ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

Crime No.44 of 2025.

... Respondent/Complainant For Petitioner :

Mr.P.Senguttuarasan For Respondent :

Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For pre-arrest bail in Crime No.44 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 19.03.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant an order of pre-arrest bail.

2. The petitioner/Sole Accused apprehends arrest at the hands of the

respondent-Police for the offences punishable under Sections 296(b), 132 and 351(2) of Bharatiya Nyaya Sanhita (BNS) 2023, in Crime No.44 of 2025, on the file of the respondent-police.

3. The case of the prosecution is that the defacto complainant is the Village Administrative Officer, Kattakaruppanpatti Village, Usilampatti. On 04.03.2025, at about 10.55 a.m., when the defacto complainant in his Pottulupatti office, the petitioner insisted the defacto complainant to issue a certificate that one Lakshmi w/o. Kavusalay, residing at Bijapur District, Karnataka and Pushpam, w/o. Chinnathevar, residing at Pappampatti, Pottulupatti, are one and the same. The defacto complainant refused that he has no power to issue such certificate and the petitioner has to apply the same before the Tahsildar. Due to refusal of the defacto complainant, the petitioner abused the defacto complainant with filthy language, gave a life threat and threw his cell phone to the defacto complainant. Hence, this case.

4. Mr.P.Senguttuarasan, 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 a false case has been foisted against the petitioner. However, he submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of pre-arrest bail to the petitioner.

5. Mr.K.Sanjai Gandhi, the learned Government Advocate (Crl.Side) appearing for the respondent-Police, submits that the petitioner forced the defacto complainant to issue the certificate. He further submits that no injury was sustained by the defacto complainant and the petitioner has no previous case. He however submits that if pre-arrest bail is granted to the petitioner, he may 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. No injury was sustained by the defacto complainant. 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 an opportunity to 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 bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate No.I, Usilampatti, Madurai, 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 No.I, Usilampatti, Madurai;

(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 No.I, Usilampatti, Madurai 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 No.I, Usilampatti, Madurai; (iv) The petitioner shall appear and sign before the respondent-Police daily 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 (ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate No.I, Usilampatti, Madurai, 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/- 21.03.2025 // True Copy // /04/2025 Sub Assistant Registrar (CS - I/II/III/IV) Madurai Bench of Madras High Court, Madurai apd TO 1 THE JUDICIAL MAGISTRATE NO.I, USILAMPATTI, MADURAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, USILAMPATTI TALUK POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5222 of 2025 Date :21/03/2025 RS(15/04/2025) 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.