M.Suresh v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL M.Suresh ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

(Crime No.232 of 2025)..

... Respondent/Complainant For Petitioner : Mr.S.Muniyandi, Advocate.

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.232/2025 on the file of the Respondent-Police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 25.04.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant 1/5

an order of pre-arrest bail.

2. The petitioner apprehends arrest at the hands of the respondent-Police for the offences punishable under Section 296(b) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 4 of TNPHW Act, in Crime No.232 of 2025 on the file of the respondent-Police.

3. The case of the prosecution is that the defacto complainant received money from the petitioner for her family expenses and thereby, she periodically remitted to the petitioner on instalments basis. Unfortunately, she was affected viral fever and thereby, she could not able to remit the instalments. Thereafter, the petitioner asked to return the money and thereby, the petitioner abused the defacto complainant in filthy language and also threatened her with dire consequences. Hence, the case was registered.

4. Mr.S.Muniyandi, learned counsel for the petitioner, submits that the petitioner has nothing to do with the alleged offence and that he has been falsely implicated in this case. He further submits that the petitioner is ready to abide by any condition to be imposed by this Court. Hence, he prays to grant pre-arrest bail to the petitioner.

5. Mr.S.S.Manoj, learned Government Advocate (Crl. Side) appearing for the respondent-Police, submits that the petitioner is arrayed as sole accused in this case. 2/5

He further submits that due to money transaction, the present case has been registered. He further submits that the custodial interrogation of the petitioner is necessary in this case. Accordingly, he vehemently opposes to grant pre-arrest bail to the petitioners.

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 for absconding. Considering the same, and also considering the fact that the custody of the petitioner may not be necessary for the investigating agency, 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 bail in the event of his arrest or in the event of his surrender before the learned Additional Mahila Court (Judicial Magisterial Level), Dindigul, within a period of 15 days from date on which the order copy 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 Additional Mahila Court (Judicial Magisterial Level), Dindigul,; (ii) The sureties shall affix their photographs and left thumb impression in the 3/5

Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Additional Mahila Court (Judicial Magisterial Level), Dindigul, shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall appear and sign before the respondent-Police daily at 10.30 a.m., 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 not leave India without the previous permission of the Court;

(vii) The petitioner shall furnish his residential address and mobile number to the learned Additional Mahila Court (Judicial Magisterial Level), Dindigul,; (viii) The petitioner shall not, directly or indirectly, cause any threat to the witnesses and shall not tamper the evidence; and (ix) On breach of any of the aforementioned conditions, the learned Additional Mahila Court (Judicial Magisterial Level), Dindigul, or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with 4/5

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/- 29/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSG TO 1.The learned Additional Mahila Court, (Judicial Magisterial Level), Dindigul. 2.Do through The Chief Judicial Magistrate, Dindigul. 3.The Inspector of Police,Dindigul Taluk Police Station,Dindigul District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S.MUNIYANDI, Advocate ( SR-5012[I] dated 29/04/2025 ) ORDER IN CRL OP(MD) No.7959 of 2025 Date :29/04/2025 PP/27.05.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5