Poovan v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.04.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL 1.Poovan 2.Chitra ... Petitioners/A2 & A3 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Viruveedu Police Station, Dindigul District.

Crime No.53 of 2025 ... Respondent/Complainant For Petitioners :

Mr.A.Karthick Kumar For Respondent :

Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.53 of 2025 on the file of the respondent-police. 1/6

ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 22.04.2025 under Section 482 of 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 alleged offences punishable under Sections 296(b), 115(2) and 351(2) of Bharatiya Nyaya Sanhita (BNS), 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.53 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that the petitioners and A1 abused the defacto complainant in filthy language and attacked the defacto complainant. Hence, the case.

4. Mr.A.Karthick Kumar, learned counsel appearing for the petitioners submits that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. He however submits that the petitioners are ready to abide any conditions to be imposed by this Court. Hence, he 2/6

prays for grant of pre-arrest bail to the petitioners.

5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.Side) appearing for the respondent-police, submits that the defacto complainant sustained simple injury and was treated as an out patient. However, he prays to dismiss this Criminal Original Petition.

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

7. Considering the nature of the offences allegedly committed by the petitioners and also considering the fact that the injured has been treated as an out patient 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 Judicial Magistrate, Nilakottai, Dindigul 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, Nilakottai, 3/6

Dindigul 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 identity proof from each surety to ensure their identity; (iii) The petitioners shall make themselves available for interrogation by a police officer as and when required;

(iv) 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; (v) The petitioners shall not leave India without the prior permission of the Court;

(vi) The petitioners shall appear and sign before the respondent-Police daily at 10.00 a.m. until further orders;

(vii) The petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Nilakottai, Dindigul District; (viii) The petitioners shall not enter into the defacto complainant's house or workplace;

(ix) The petitioners shall not try to contact the defacto complainant either 4/6

directly or through any electronic mode;

(x) The petitioners shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses, and shall not tamper the evidence; and (xi) On breach of any of the aforementioned conditions, concerned Magistrate, or Trial Judge 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 them 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/- 24/04/2025 // True Copy // /2025 Sub Assistant Registrar (CS - I/ II / III /IV) Madurai Bench of Madras High Court, Madurai.

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TO 1.The Judicial Magistrate, Nilakottai, Dindigul District.

2.Do Through The Chief Judicial Magistrate, Dindigul.

3.The Inspector of Police, Viruveedu Police Station, Dindigul District.

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

+1 CC to M/s.A.KARTHICK KUMAR, Advocate ( SR-4787[I] dated 25/04/2025 ) CRL OP(MD) No.7533 of 2025 Date : 24.04.2025 KVL/26.05.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6