Pradeep v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Pradeep ... Petitioner/Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Valandur Police Station, Madurai District.
In Cr.No.21/2025.
... Respondent/Complainant For Petitioner : Mr. P.Praveenkumar 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.21 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 20.03.2025 1/6
under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.
2. The petitioner / Accused No.2 apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 191(2), 296(b), 115(2), 351(2) and 303(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.21 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that the defacto complainant viz., Lithish Mohan, the Manager of Indus Motors Company Private Ltd., reported that he rented his Company's Innova Crysta Car bearing Regn.No.KL-07-DB-9925 to one Murugan, S/o. Subramanian, till the date of 10.03.2025. After the completion of rental period, he did not return the car. Since, he track the car through GPS, the car was located near KK Nagar, Madurai, hence, an employee namely, Naveen Raj was appointed to recover the car. On 12.03.2025, the said Naveen Raj found the car however, that car Registration number plate has been changed to TN-84-M-9463 and when he attempted to retrieve the car, the petitioner herein and other accused persons assaulted driver and forcibly took the possession of the car and also made a life threat to him. Hence, the case.
4. Mr.P.Praveen Kumar, the learned counsel for the petitioner, submits that the petitioner is an innocent person, and he has not committed any offence as alleged by 2/6
the prosecution, he further submits that the petitioner was merely present at the scene of quarrel and he has been falsely implicated in this case. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of pre-arrest bail to the petitioner.
5. Per contra, M.K.Sanjai Gandhi, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the vehicle was recovered from A1 and that there are 8 previous cases pending against the petitioner. He further submits that the investigation of the case is still pending and therefore, at this stage, if pre-arrest bail is granted to the petitioner, he may cause threat to the defacto complainant and witnesses and commit the similar offence. Accordingly, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. Considering the fact that the petitioner has no bad antecedents and he has permanent residence and deep roots in the society. Therefore, there is less possibility for absconding. Considering the same, and also considering the nature of offences allegedly committed by the petitioner and that the vehicle was recovered from coaccused and with a view to give one more 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.
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(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 Judicial Magistrate No.II, 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.II, 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.II, Usilampatti, Madurai 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 am 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 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 4/6
Court.
(vii) The petitioner shall not directly or indirectly cause any threat to the defacto complainant and the witnesses and shall also not tamper with the evidence. (viii) The petitioner shall furnish his residential address and mobile number to learned Judicial Magistrate No.II, Usilampatti, Madurai. (ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate No.II, Usilampatti, Madurai 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/- 24/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
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TRP TO
1. THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI, MADURAI. 2.DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3.THE INSPECTOR OF POLICE, VALANDUR POLICE STATION, MADURAI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to P.PRAVEENKUMAR Advocate SR.No.3476 (I) DT. 26/03/2025 ORDER IN CRL OP(MD) No.5364 of 2025 Date :24/03/2025 PR/SAR/ (21/04/2025) 6P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6