Nallumurugan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Nallumurugan ... Petitioner/ Accused No.3 Vs The State of Tamilnadu, Rep by the Inspector of Police, Keerathurai Police Station, Madurai District.

Crime No.161 of 2025. ... Respondent/Complainant For Petitioner : Mr.S.Prabhu Advocate For Respondent : Mr.S.S. Manoj Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.161 of 2025 on the file of the Respondent-Police. ORDER : The Court made the following order :- 1/4

This Criminal Original Petition has been filed by the petitioner on 24.03.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail.

2. The petitioner / Accused No.3, apprehends arrest at the hands of the respondent-Police for the offence punishable under Sections 127, 296(b), 115(2), 118(1) and 351(3) of BNS, 2023, in Crime No.161 of 2025, on the file of the respondent police, seeks bail.

3. The case of the prosecution is that on 09.03.2025, the petitioner herein and other accused persons have forcibly took the defacto complainant's son to the terrace of their house and accused him of sharing their photos, when the defacto complainant tried to seek help, they threatened to slap him. Hence, the case.

4. Mr.S.Prabhu, the learned counsel for the petitioner, submits that the petitioner is an innocent person and that he has not committed any offence as alleged by the prosecution and that 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, Mr.S.S.Manoj, learned Government Advocate (Crl. side), appearing for the respondent-Police, submits that there are 4 previous cases pending against the petitioner. He further submits that the petitioner and other accused 2/4

persons have attacked the defacto complainant's son and caused injuries on his face, head and all over the body and the injured was admitted in the hospital on 09.03.2025 and discharged on 13.03.2025. He further submits that A1, A2 and A4 have already been arrested and still in custody and the investigation of the case is pending and hence, he strongly opposes to grant pre-arrest bail to the petitioner.

6. Heard both sides and perused the records.

7. Considering the previous antecedents of the petitioner and also considering the fact that the other accused persons are arrested and still in custody, this Court is of the considered view that if the pre-arrest bail is granted to the petitioner, he may cause threat to the defacto complainant and his family members. Hence, this Court is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, this Criminal Original Petition is dismissed. sd/- 02/04/2025 / TRUE COPY / 30/04/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

TRP 3/4

TO 1 THE JUDICIAL MAGISTRATE COURT NO-IV MADURAI.

2.THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, KEERAITHURAI POLICE STATION,MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5548 of 2025 Date :02/04/2025 PP/SAR. /02.05.2025/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4