Arunkumar v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). Nos.6228 & 6308 of 2025 1.Arunkumar 2.Aravind ... Petitioners/Accused (Rank not known) Vs The State of Tamilnadu, Rep by the Inspector of Police, Alanganalur Police Station, Madurai District.

Crime No.66 of 2025 ... Respondent/Complainant Crl.O.P.(MD).No.6308 of 2025 Harikrishna ... Petitioner/Accused (Rank not known) Vs 1/7

The State of Tamilnadu, Rep by the Inspector of Police, Alanganalur Police Station, Madurai District.

Crime No.66 of 2025 ... Respondent/Complainant In both petitions For Petitioners : Mr.Chandrabose.M, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 COMMON PRAYER :- For Anticipatory Bail in Crime No.66 of 2025 on the file of the Respondent-Police. COMMON ORDER : The Court made the following common order :- These Criminal Original Petitions have been filed by the petitioners on 02.04.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioners apprehend arrest at the hands of the respondent-police for the offences punishable under Sections 191(2), 191(3), 296(b), 109 and 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.66 of 2025 on the file of the 2/7

respondent-police.

3. The case of the prosecution is that on 17.02.2025, at about 6:45 p.m., while the defacto complainant and his cousin parked his two-wheeler and were standing near the water tank at Kuttimeikanpatti ground, the petitioners, along with other accused persons, came to the scene in an unregistered Maruti Swift car and collided with the vehicle of the defacto complainant. When the defacto complainant questioned them, the petitioners abused him and attacked him with a sickle, iron rod, and sword, causing injuries. Hence, the complaint.

4. Mr.M.Chandrabose, the learned counsel for the petitioners, submits that the petitioners are innocent persons, and that they have not committed any offence as alleged by the prosecution, and that they have been falsely implicated in this case. He, however, submits that the petitioners are ready to abide by any conditions that may be imposed by this Court. Accordingly, he prays to grant an order of prearrest bail to the petitioners.

5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that due to the wordy 3/7

quarrel arose between the petitioners and the defacto complainant, the petitioners herein attacked the defacto complainant with a sword, sickle and iron rod and that due to injuries, the defacto complainant was admitted in the hospital on 17.02.2025 and discharged on 15.03.2025. He further submits that there is no previous case pending against the petitioners. However, he prays to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records.

7. In view of the nature of the offence allegedly committed by the petitioners, and considering the facts and circumstances of the case, this Court is of the view that the custodial interrogation of the petitioners is not necessary for the investigating agency in this case. Considering the same and also considering the fact that the petitioners have permanent residence and deep roots in the society, and therefore, there is less possibility of absconding, and taking note of the fact that there are no previous cases against the petitioners, and also with a view to give an opportunity to the petitioners to reform themselves, this Court is inclined to grant pre-arrest bail to the petitioners. Accordingly, pre-arrest bail is granted to the petitioners subject to the following conditions: 4/7

(i) The petitioners shall be released on bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate, Vadipatti, 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) each 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, Vadipatti; (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, Vadipatti, shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioners shall appear and sign before the respondent-police daily at 10.00 a.m., until further orders;

(iv) The petitioners shall make themselves available for interrogation by a police officer as and when required;

(v) The petitioners shall not, directly or indirectly cause threat to the defacto complainant and the witnesses and shall not tamper the evidence; (vi) The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to 5/7

dissuade him from disclosing such facts to the Court or to any police officer; (vii) The petitioners shall not leave India without the previous permission of the Court;

(viii) The petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Vadipatti; (ix) The petitioners shall not enter into the defacto complainant's house and work place; and (x) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Vadipatti or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioners 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, these Criminal Original Petitions are allowed subject to the conditions stated supra.

sd/- 09/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG 6/7

TO

1. The Judicial Magistrate, Vadipatti.

2. The Chief Judicial Magistrate, Vadipatti, Madurai District.

3. The Inspector of Police, Alanganallur Police Station, Madurai District.

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

+1 CC to M/s.M.CHANDRABOSE, Advocate ( SR-4318[I] dated 16/04/2025 )

ORDER

IN CRL OP(MD) Nos.6228 & 6308 of 2025 Date :09/04/2025 VN/09.05 .2025 7P/6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7