C Paranthaman v. State Of Tamilnadu Rep By Inspector Of Police, Vadaseri
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.C.Paranthaman, S/o.Chellaiah 2.G.Muthulakshmi, W/o.C.Paranthaman ... Petitioners/A1 & A2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Vadaseri Police Station, Kanyakumari District.
(Crime No.215 of 2025) ... Respondent/Complainant For Petitioners : Mr.Aayiram K.Selvakumar, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.215 of 2025 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 326(g) of BNS, 2023 in Crime No.215 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the 1st petitioner is a tenant of a shop belonging to the de-facto complainant and his brother. The petitioners are running a business in the said shop under the name and style of "Copy Shopping." Due to rental issues between the de-facto complainant and the petitioners, the de-facto complainant asked them to vacate the shop, but the petitioners refused to do so. The petitioners allegedly threatened the de-facto complainant with dire consequences. In this regard, the de-facto complainant obtained an order from this Court directing the petitioners to vacate the shop. Following this, on 30.05.2025, the petitioners allegedly set fire to the de-facto complainant's shop and caused damage worth about Rs.10,00,000/-. Hence, the present case.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. He further submitted that the issue has been amicably settled between the 1st petitioner and the de-facto complainant through a compromise deed, and the 1st petitioner vacated the premises and handed over the shop to the de-facto 2/5
complainant on 06.06.2025. He, however, submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.
4. The learned Government Advocate (Criminal Side) submitted that the dispute pertains to a rental issue between the petitioners and the de-facto complainant. Subsequently, after the registration of the First Information Report, the matter was compromised between the parties. However, he opposed the grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, and also taking note of the fact that the dispute pertains to a rental issue between the parties, and that the matter has been subsequently compromised after the registration of F.I.R., this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate 3/5
No.II, Nagercoil, Kanyakumari and on further conditions that: (a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari; (c) the 1st petitioner shall report before the respondent police weekly once i.e. on every Monday at 10.30 a.m., until further orders, and the 2nd petitioner shall report before the respondent police as and when required for the interrogation; (d) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e) the petitioners shall not abscond either during investigation or trial; (f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 4/5
(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 26/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
mkn TO 1 THE JUDICIAL MAGISTRATE NO.II, NAGERCOIL, KANYAKUMARI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.
3 THE INSPECTOR OF POLICE, VADASERI, VADASERI POLICE STATION, KANYAKUMARI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10706 of 2025 Date :26/06/2025 NBF/08.07.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5