Nadimuthu v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Nadimuthu ... Petitioner/Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Nagudi Police Station, Pudukkottai District.

Crime No.55 of 2025.

... Respondent/Complainant For Petitioner :

Mr. K.Arunraj 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.55 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 01.04.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying 1/6

to grant an order of pre-arrest bail.

2. The petitioner / accused apprehends arrest at the hands of the respondentpolice for the offences punishable under Sections 296(b), 126(2), 115(2), 118(1) and 351(3) of BNS, 2023 in Crime No.55 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 22.03.2025, at about 9.00 pm, while the Minister for Backward Class Welfare, has invited as chief guest, when the Minister delivered his speech, the petitioner and other accused clibed onto the stage and used abusive language, when defacto complainant recorded the video of incident, accused threatened him not to record and after Minister left from function, the petitioner herein and other accused have assembled together and attacked the defacto complainant with stone and thereby, caused injuries. Hence, the case.

4. Mr.K.Arunraj, the learned counsel for the petitioner, submits that the petitioner is an innocent person, and he has not committed any offence as alleged by the prosecution, 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 injured was admitted in the hospital on 23.03.2025 and discharged on 28.03.2025. He further submits that co2/6

accused has already been arrested and released on bail and that there are two 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. As per the prosecution, the petitioner and two others assembled together and attacked the defacto complainant with stone and thereby, caused injuries. The defacto complainant / injured was admitted in the hospital on 23.03.2025 and discharged on 28.03.2025. The petitioner 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 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.

(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, Aranthangi within a period of 15 days from the date on which the order copy is made ready, on 3/6

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, Aranthangi. (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, Aranthangi shall obtain a copy of any one of identity proofs to ensure their identity. (iii) The petitioner shall appear and sign before respondent - Police, daily at 10.30 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 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. 4/6

(viii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Aranthangi.

(ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Aranthangi 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/- 03/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, NAGUDI POLICE STATION,PUDUKKOTTAI DISTRICT.

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

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+1 CC to M/s.S.SHANMUGASUNDARAM, Advocate ( SR-3971[I] dated 07/04/2025 )

ORDER

IN CRL OP(MD) No.6093 of 2025 Date :03/04/2025 NBF/SAR /30.04.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6