Elammal @ Yalammal v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2025 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL 1.Elammal @ Yalammal 2.Arun @ Arunpandi ... Petitioners/Accused Nos.1 & 2 Vs.
The State of Tamil Nadu rep by The Inspector of Police, Melur Police Station, Madurai District.
(Crime No.161 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 petitioners in Crime No.161 of 2025 on the file of the respondent-police. For Petitioners :
Mr.S.Ayyanar Prem Kumar, Advocate For Respondent :
Mr.K.Sanjai Gandhi, Government Advocate (Criminal Side) 1/7
ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 16.04.2025 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), 49, 126(2), 324(1), 118(1), 296 (b) and 351(3) of BNS, 2023, in Crime No.161 of 2025 on the file of the respondentpolice.
3. The case of the prosecution is that due to a prior civil dispute between the defacto complainant and the first petitioner, on 04.04.2025 at about 09:00 P.M., the 2nd Petitioner, under the instigation of the 1st Petitioner, scolded the de-facto complainant and subsequently attacked the de-facto complainant with a rod, caused injury with a knife, issued life threats, and damaged the de-facto complainant's twowheeler. Thereafter, the de-facto complainant was admitted to the Government Hospital, Melur, for treatment. Hence, the respondent -police registered the above Crime No.161 of 2025.
2/7
4. Mr.S.Ayyanar Prem Kumar, the learned counsel for the petitioners, submits that the petitioners are innocent persons, they have not committed any offence as alleged by the prosecution and a false case has been foisted against the petitioners. 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 pre-arrest bail to the petitioners.
5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the petitioners have been arrayed as A1 and A2. He further submits that there are no previous cases against the petitioners. He further submits that the injured person was admitted to the hospital on 05.04.2025 and discharged on 08.04.2025. He further contends that if the petitioners are released on pre-arrest bail, they will again cause threat to the defacto complainant. He therefore prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records. 7.The petitioners and the de facto complainant are closely related, and the incident has arisen out of a civil dispute between them and therefore, custodial 3/7
interrogation of the petitioners is not necessary. Further, the petitioners have permanent residence and deep roots in the society. Hence, there is less possibility of absconding. Considering the same and also considering the nature of the offence alleged against the petitioners and taking note of the fact that the injured was discharged from hospital and 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:
(i) The petitioners shall be released on pre-arrest bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate, Melur, Madurai 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.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, Melur, Madurai 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.
4/7
(iii) The petitioners shall appear and sign before the respondent-police daily at 10.00 a.m. until further orders.
(iv) The petitioners shall appear before the respondent-police as and when required for interrogation.
(v) The petitioners shall make themselves available for interrogation by a police officer as and when required.
(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 dissuade him from disclosing such facts to the Court or to any police officer. (vii) The petitioners shall also not, directly or indirectly, cause any threat to the defacto complainant, his family members and witnesses and shall not tamper the evidence.
(viii) The petitioners shall not enter into the defacto complainant's house or his working place and shall also not try to contact the defacto complainant. 5/7
(ix) The petitioners shall not leave India without the previous permission of the Court.
(x) The petitioners shall furnish their residential address and mobile number to the concerned Magistrate.
(xi) 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 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/- 21/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.I /II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
Pal 6/7
TO 1.The Judicial Magistrate, Melur, Madurai District, 2 Do through the Chief Judicial Magistrate, Madurai. 3.The Inspector of Police, Melur Police Station, Madurai District.
4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1. CC to M/S.S.AYYANAR PREM KUMAR Advocate SR.No.4483 dt 22.04.2025
ORDER
IN CRL OP(MD) No.7061 of 2025 Date :21/04/2025 RK (14/05/2025) 7 P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 7/7