Anisha v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL 1.Anisha 2.Jahirushen 3.Subaitha ... Petitioners/Accused Nos.1 to 3 Vs The State of Tamilnadu, Rep by the Inspector of Police, Nagudi Police Station, Nagudi, Pudukkottai District.

Crime No.51 of 2025 ... Respondent/Complainant For Petitioners : Mr.S.Shanmugasundaram, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Criminal Side) PRAYER :- For Anticipatory Bail in Crime No.51 of 2025 on the file of the respondent-Police. ORDER : The Court made the following order :- 1/6

This Criminal Original Petition has been filed by the petitioners on 02.04.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant pre-arrest bail.

2. The petitioners / Accused Nos.1 to 3 apprehend arrest at the hands of the respondent-Police for the offences punishable under Sections 191(2), 296(b), 115(2), 118(1) and 351(2) of bns, 2023 in Crime No.51 of 2025, on the file of the respondentpolice.

3. The case of the prosecution is that due to previous enmity between the petitioners and the defacto complainant, on 17.03.2025 at about 12.10 a.m., the petitioners herein forcefully entered into the defacto complainant's house and shouted at him to leave the house, and during the confrontation, Accused Nos.1 and 2 grabbed the defacto complainant's neck and attempted to push him out and Accused No.3 took a mixer from the house and hit him on the head. Further, the petitioners abused him in filthy language and threatened him with dire consequences. Hence, the complaint.

4. Mr.S.Shanmugasundaram, learned counsel appearing for the petitioners, submits that the petitioners have not committed any offence as alleged by the prosecution. He further submits that a false case has been foisted against the petitioners. He further submits that the petitioners are ready to abide by any 2/6

conditions that may be imposed by this Court. Therefore, he prays for granting prearrest bail to the petitioners.

5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal Side) appearing for the respondent-Police submits that the defacto complainant is none other than the husband of the first petitioner. He further submits that petitioner Nos.2 and 3 are the parents of the first petitioner. He further submits that due to wordy quarrel arose between the petitioners and the defacto complainant, the petitioners herein attacked the defacto complainant with mixie. He further submits that the defacto complainant has been admitted in the hospital on 18.03.2025 and discharged on 22.03.2025. He further submits that there is no previous case against the first petitioner; there is one previous case against the second petitioner and there is one previous case against the third petitioner. He further submits that if pre-arrest bail is granted to the petitioners, he may cause threat to the defacto complainant and the witnesses. Hence, he strongly opposes to grant pre-arrest bail to the petitioners.

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

7. The petitioners have permanent residence and deep roots in the society, and hence, there is less possibility of absconding. Considering the same, and also considering the relationship between the parties, and with a view to give one more opportunity to the petitioners to reform themselves, this Court is inclined to grant 3/6

pre-arrest bail to the petitioners subject to the following conditions: (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, Aranthangi, 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.10,000/- (Rupees Ten Thousand only) each along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten 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 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, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; 4/6

(vi) The petitioners shall not leave India without the previous permission of the Court;

(vii) The petitioners shall not, directly or indirectly, cause any threat to the defacto complainant and the witnesses and shall not tamper the evidence; (viii) The petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Aranthangi; and (ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Aranthangi, 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, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 04/04/2025 / TRUE COPY / 30/04/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

TSG 5/6

TO 1.The Judicial Magistrate, Aranthangi.

2. The Chief Judicial Magistrate,Pudukkottai District. 3.The Inspector of Police, Nagudi Police station,Nagudi, Pudukkottai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to SHANMUGASUNDARAM S Advocate SR.No.3970(I) DT.07.04.2025

ORDER

IN CRL OP(MD) No.6298 of 2025 Date :04/04/2025 PP/SAR. /02.05.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

6/6