Manimuthu 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 Manimuthu ... Petitioner/Accused No.9 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Bodinayakkanur Rural Police Station, Theni District.

(Crime No.111 of 2025).

... Respondent/Complainant For Petitioner : Mr.K.Dinesh, Advocate.

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) For Intervener : Mr.R.Ganesh Prabhu Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.111 of 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 Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to 1/5

grant an order of pre-arrest bail.

2. The petitioner apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 191(2), 191(3), 296(B), 132, 121(1), 127(2) and 351

(3) of Bharatiya Nyaya Sanhita, 2023, in Crime No.111 of 2025 on the file of the respondent police.

3. The case of the prosecution is that on 11.04.2025, during the Muthumariyamman Kovil Festival, while the police parties on their duty, the petitioner and his family members and rival parties made quarrel between them. Due to which, the police intercepted them, at that time, the petitioner and other accused abused the police officials in filthy language and restrained them to do their duty. Hence, the case.

4. Mr.K.Dinesh, learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submit that the petitioner is willing to abide by any conditions imposed by this Court. He therefore prayed to grant of pre-arrest bail to the petitioner.

5. Per contra, Mr.S.S.Manoj, learned Government Advocate (Crl.Side) appearing for the respondent Police submits that there is no previous case pending against the petitioner. However, he contends that, if the petitioner is granted pre2/5

arrest bail, untoward incidents may occur. Hence, he vehemently opposes the grant of pre-arrest bail to the petitioner.

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

7. Considering the fact that the petitioner has permanent residence and taking note of the fact that there are no bad antecedents against the petitioner and with a view to give one more opportunity to reform himself in the society and there is less possibility of absconding and considering the fact that the petitioner is a first offender, 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 Judicial Magistrate, Bodinayakkanur, Theni District, within a period of fifteen days from the date of receipt of a copy of this order, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the learned Judicial Magistrate, Bodinayakkanur, Theni 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, Bodinayakkanur, Theni District, 3/5

shall obtain a copy of any one of identity proofs to ensure their identity; (iii)Thereafter, the petitioner shall appear and sign before the Dindigul Town Police Station, Dindigul, daily at 10.00 a.m., until further orders; (iv) The petitioner shall furnish his residence address and mobile number to the learned Judicial Magistrate, Bodinayakkanur, Theni District; (v) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; and (vi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Bodinayakkanur, Theni District, 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 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/- 29/04/2025 // True Copy // /05/2025 Sub Assistant Registrar ( CS-I / II / III / IV ) Madurai Bench of Madras High Court, Madurai.

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VSG TO 1.The Judicial Magistrate, Bodinayakkanur, Theni District.

2.Do Through The Chief Judicial Magistrate, Theni.

3.The Inspector of Police, Bodinayakkanur Rural Police Station, Theni District.

4.The Inspector of Police, Dindigul Police Station, Dindigul District.

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

+1 CC to M/s.K.DINESH, Advocate ( SR-5028[I] dated 29/04/2025 ) CRL OP(MD) No.7917 of 2025 Date : 29/04/2025 KVL - ( 27.05.2025) 5P/ 7 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5