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Madras High CourtCRL OP(MD)/12174/2025allowed

Jegan @ Jegan Micheal v. The State Of Tamilnadu

2025-07-21Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI 1.Jegan @ Jegan Micheal, S/o.Micheal.

2.Rebi @ Antro Gasber Rebins : Petitioners/A2 & A3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Panagudi Police Station, Tirunelveli District.

(Crime No.661 of 2025) : Respondent/Complainant For Petitioners : Mr.P.Suresh, 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.661 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 131, 351(3) BNS and Section 4 of TNPHW Act 2002, in Crime No.661 of 2025 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is a married woman and is having two children. Due to difference of opinion between her and her husband, she is living separately along with her children and is working in a beauty parlor. After finishing work, she regularly picks up her children from school, takes them to tuition classes, and then brings them back home. In such circumstances, the first accused has followed and harassed her by asking mobile number. Hence, the defacto complainant informed about the same to her friend Archana and both of them had questioned the first accused, the first accused along with petitioners abused the defacto complainant and her friend in filthy language and threatened them with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. 2/6

The petitioners are friends of the first accused and belong to the same village. He further submitted that after receipt of information from the first accused, they went to the occurrence place only to mediate the issue.

4. The learned Government Advocate (Criminal Side) for the respondent police submitted that the first accused has followed and harassed the defacto complainant by asking her mobile number. Hence, the defacto complainant informed about the same to her friend Archana and both of them had questioned the first accused, the first accused along with petitioners abused the defacto complainant and her friend in filthy language and threatened them with dire consequences. He further submitted that the first accused was arrested and released on bail by the learned Judicial Magistrate Valliyoor. However, he opposed to grant anticipatory bail. 5.Considering the facts and circumstances of the case and also the facts that coaccused/A1 was already released on bail and also the fact that most of the investigation might have been completed, 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 3/6

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, Valliyoor on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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, Valliyoor 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, Valliyoor. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Valliyoor ;

(c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

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(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; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 21/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS TO 1.THE JUDICIAL MAGISTRATE, VALLIYOOR.

2.THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DSITRICT.

3.THE INSPECTOR OF POLICE, PANAGUDI POLICE STATION, TIRUNELVELI DISTRICT.

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4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.P.SURESH, Advocate ( SR-7839[I] dated 21/07/2025 )

ORDER

IN CRL OP(MD) No.12174 of 2025 Date :21/07/2025 NM/14.08.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6