Vijayan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2025 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL Vijayan ... Petitioner / Accused No.5 Vs.

The State of Tamil Nadu rep by The Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District.

(Crime No.45 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.45 of 2025 on the file of the respondent police. For Petitioner :

Mr.S.Ramanathan, 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 09.04.2025 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 apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 118(1) and 351(3) of BNS, 2023, read with Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.45 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that the defacto complainant's Sister-in-law viz., Kayalvizhi is doing Milk Business. Since Kayalvizhi's sister viz., Malarvizhi is also doing same business along with A2, she not like the business activities of Kayalvizhi, she along with other accused restraining the defacto complainant's sister-in-law from doing milk business and also threatened the defacto complainant for assisting her business. While so, on 17.03.2025 at about 01.00 a.m., during the occasion of Konnaiyur Festival Ceremony, the petitioners herein and other accused have attacked the defacto complainant with a knife on his head. Hence, the case

4. Mr.S.Ramanathan, 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. 2/6

5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the petitioner has been arrayed as A5. He further submits that there are no previous cases against the petitioner. He further submits that due to injury, the injured was admitted in the hospital on 17.03.2025 and discharged on 27.03.2025. He further submits that the investigation of the case is pending and therefore, at this stage, if the pre-arrest bail is granted to the petitioner, he may cause threat to the defacto complainant and witnesses. Hence, he 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 and the nature of the offence allegedly committed by the petitioner, and taking note of the fact that there are no previous cases against 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, Ponnamaravathi, within a period of 15 days from the date on which the order copy 3/6

is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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, Ponnamaravathi.

(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 stay at Thanjavur and appear and sign before the Inspector of Police, Taluk Police Station, Thanjavur daily twice at 10.00 am and 5.00 pm 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. 4/6

(vii) The petitioner shall not leave India without the previous permission of the Court.

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

(ix) The petitioner shall also not enter into the defacto complainant's house or his/her workplace.

(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/- 22/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1.The Judicial Magistrate, Ponnamaravathi.

2.Do through the Chief Judicial Magistrate,Pudukkottai District. 3.The Inspector of Police,Ponnamaravathi Police Station,Pudukkottai District. 4.The Inspector of Police, Taluk Police Station, Thanjavur. 5.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai.

ORDER IN CRL OP(MD) No.6864 of 2025 Date :22/04/2025 PP/27.05.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6