Naveen Kumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2025 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL Naveenkumar ... Petitioner / Accused No.2 Vs.

The State of Tamil Nadu rep by The Inspector of Police, Musiri Police Station, Trichy District.

(Crime No.88 of 2025) ... Respondent /Complainant PRAYER :- The Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to the petitioner in Crime No.88 of 2025 on the file of the respondent police. For Petitioner :

Mr.S.Ramakrishnan, Advocate For Respondent :

Mr.K.Sanjai Gandhi, Government Advocate (Criminal Side) 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 to grant an order of pre-arrest bail.

1/6

2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 191(2), 296(b), 118(1), 351(3) of BNS, 2023, in Crime No.88 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 22.03.2025 at about 12:30 a.m., there was a prior dispute regarding the erection of a flex board and other related issues. While the accused persons were playing carrom and speaking loudly in front of shop. The shop owner questioned them why they were making noise at that hours and hence, a wordy quarrel arose between them. When the defacto complainant questioned their rude behaviour, the petitioner and others attacked the defacto complainant with their hands and caused simple injuries. Based on these allegations, the respondent-police registered a case against the petitioner and others.

4. Mr.S.Ramakrishnan, 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. He further submits that a false case has been foisted against the petitioner. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.

5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the accused persons 2/6

assaulted the defacto complainant and threatened with dire consequences. He further submits that due to injury, the injured was admitted in the hospital on 23.03.2025 and discharged on 25.03.2025. He further submits that there is one previous case against the petitioner. He further submits that if pre-arrest bail is granted to the petitioner, he will cause threat to the defacto complainant and tamper with the evidence. He, therefore, 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 and therefore, there is less possibility of absconding. Considering the same and also considering the fact that the injured was discharged on 25.03.2025 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 pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate Court, Musiri, Trichy District, 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 3/6

Court, Musiri, Trichy District.

(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 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 08.00 a.m. and 06.00 p.m. 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 also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. (vii) The petitioner shall not leave India without the previous permission of the Court.

(viii) The petitioner shall not enter into the house of the defacto complainant and his work place.

4/6

(ix) The petitioner shall furnish his residential address and mobile number to the concerned Magistrate.

(x) On breach of any of the aforementioned conditions, the learned Judicial Magistrate 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/- 03/04/2025 / TRUE COPY / 30/04/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

pal To 1.The Judicial Magistrate Court, Musiri, Trichy District.

2. The Chief Judicial Magistrate, Trichy.

3.The Inspector of Police, Musiri Police Station, Trichy District.

5/6

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

ORDER

IN CRL OP(MD) No.6128 of 2025 Date :03/04/2025 PP/SAR. /02.05.2025/6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

6/6