Raman Alais Kovai Raman v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2025 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL 1.Raman @ Kovai Raman 2.Periyasamy 3.Ambi 4.Rm.Alagappan 5.Selvam @ Malaiyandi 6.Saravanan 7.Mohan @ Mohana Sundaram 8.Bharathi 9.Adaikkalarajan 10.Malaiyandi 11.Dinesh 12.Natarajan ... Petitioners / A1, A3 to A5, A7, A9 and A11 to A16 Vs.
The State of Tamil Nadu rep by 1/7
The Sub-Inspector of Police, Ponnamaravathy Police Station, Pudukkottai District.
(Crime No.61 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.61 of 2025 on the file of the respondent-police. For Petitioners : Mr.A.Prasanna Rajadurai, 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 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), 296(b), 118(1), 351
(3) of BNS, 2023, r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.61 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that on 07.04.2025, at around 3:30 p.m., the 2/7
defacto complainant, along with his family members, was returning to his village from a temple festival at Valayapatti. Near the Valayapatti Community Hall, they were intercepted by a group of accused persons, including the petitioners herein, and were assaulted with iron rods and wooden logs. Hence, the present case.
4. Mr.A.Prasanna Rajadurai, the learned counsel appearing for the petitioners, submits that the petitioners are innocent persons and they 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 have no previous case. He however submits that the petitioners are ready to abide by the conditions that may be imposed by this Court. Hence, he prays for grant 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 there are totally sixteen accused persons in this case and the petitioners have been arrayed as A1, A3 to A5, A7, A9 and A11 to A16. He further submits that there are no previous cases against the petitioners. He further submits that the injured was admitted in the hospital on 07.04.2025 and discharged on 08.04.2025. He however submits that if this Court grants pre-arrest bail to the petitioners, they will cause threat to the defacto complainant and witnesses. He therefore prays to dismiss this Criminal 3/7
Original Petition.
6. Heard on both sides. This Court has perused the records.
7. 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 facts and circumstances of the case, the nature of the offence alleged against the petitioners and the fact that the petitioners are first offenders 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 an order of 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 District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukkottai 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 District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukkottai 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 4/7
Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity.
(iii) The petitioners (except third petitioner-Ambi) shall stay at Tiruchirappalli and sign before the Inspector of Police, Cantonment Police Station, Tiruchirappalli District daily twice at 10.00 a.m. and 05.00 p.m. until further orders. (iv) The third petitioner (Ambi) shall appear and sign before the respondentpolice daily at 10.00 a.m. until further orders. (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 and witnesses and shall not tamper the evidence. (viii) The petitioners shall not leave India without the previous permission of the Court.
(ix) The petitioners shall not enter into the defacto complainant and his/her work place.
(x) The petitioners shall furnish their residential address and mobile number 5/7
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 / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO 1.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PONNAMARAVATHY, PUDUKKOTTAI DISTRICT.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3.THE SUB-INSPECTOR OF POLICE, PONNAMARAVATHY POLICE STATION, PUDUKKOTTAI DISTRICT.
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4.THE INSPECTOR OF POLICE, CANTONMENT POLICE STATI/ON, TIRUCHIRAPPALLI DISTRICT.
5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+2 CC to M/s.NA.PALANIYANDI, Advocate ( SR-4570[I] dated 22/04/2025 )
ORDER
IN CRL OP(MD) No.7117 of 2025 Date :21/04/2025 HPS/03.06.2025 /7P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7